DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BJG
Docket No: 5192-13
29 April 2014
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the
United States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 29 April 2014. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consisted
of your application, together with all material submitted in
Support thereof, your naval record and applicable statutes,
regulations and policies. The Board also considered the report
of the Naval Discharge Review Board dated 22 November 2013, a
copy of which is attached.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Navy and began a period of active duty on 12
July 1999. You received nonjudicial punishment for the wrongful
use of marijuana while serving in pay grade E-6. You were then
advised that you were being processed for administrative
separation due to misconduct. You exercised your procedural
right have your case heard by an administrative discharge board
(ADB). The ABB met, found that you had committed misconduct, and
recommended that you receive a general under honorable conditions
characterization of service. Your final performance evaluation
did not recommend you for retention. The separation authority
agreed with the finding and recommendation of the ADB. On 11
December 2012, you received a general under honorable conditions
characterization of service due to misconduct, and were assigned
an RE-4 (not recommended for retention) reentry code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, prior
honorable service, and current desire to upgrade your reentry
code. However, the Board concluded that your reentry code
should not be changed due to your drug abuse and non-
recommendation for retention. You are advised that no reentry
code is upgraded due solely to the passage of time or post
service good conduct. In view of the above, your application
has been denied. The names and votes of the members of the
panel will be furnished upon request.
It is regretted that the circumstances of your case are such
that favorable action cannot be taken. You are entitled to have
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board. In this regard, it is important to keep in mind that
a presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official
naval record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
eS, —
ROBERT D. ZSALMAN
Acting Executive Director
Enclosure
NAVY | BCNR | CY2013 | NR5170 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 April 2014. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. You exercised your procedural right to have your case heard by an administrative discharge board (ADB).
NAVY | BCNR | CY2013 | NR5880 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 May 2014. You were then advised that your command was recommending you for administrative separation with an other than honorable (OTH) characterization of service due to misconduct. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.
NAVY | BCNR | CY2013 | NR5133 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 April 2014. However, the Board concluded that your discharge should not be upgraded due to your numerous acts of misconduct. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.
NAVY | BCNR | CY2013 | NR7573 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application 12 August 2014. On 29 August 1995, you received an OTH characterization of service discharge due to misconduct, and were assigned an RE-4 (not recommended for retention) reentry code. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.
NAVY | BCNR | CY2013 | NR3717-13
OA three- member panel of the Board for Correction of Naval Records, sitting in executive session, considered. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, , Peguiaticns and policies. You were then -- advised that your command was recommending you for administrative separation with an other than honorable (OTH): ‘characterization of service due to misconduct.
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application 8 April 2014. Your commanding officer then recommended you for administrative separation with an other than honorable (OTH) characterization of service discharge due to misconduct. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.
NAVY | BCNR | CY2013 | NR6018 13
Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. Your commanding officer then recommended you for administrative separation with an other than honorable (OTH) characterization of service discharge due to misconduct. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
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