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NAVY | BCNR | CY2013 | NR5794 13
Original file (NR5794 13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

BJG
Docket No: 5794-13
20 May 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 20 May 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. .

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 Marine Corps and entered a period of active
duty on 20 February 1979. You received nonjudicial punishment
for a 34 day period of unauthorized absence (UA). You then
requested an under conditions other than honorable (OTH)
discharge for the good of the service to avoid trial by court-
martial for failure to go to your appointed place of duty, a
period of UA totaling 140 days, disobedience, obtaining services
under false pretenses, and breaking restriction. At that time,
you consulted with qualified military counsel and acknowledged
the adverse consequences of receiving such a discharge. The
with an honorable characterization of service due to parenthood,
and assigned a waivable RE-3B (parenthood) reentry code.

You affiliated with the Navy Reserve on 29 April 2007. You
accumulated nine or more unexcused absences and were
administratively separated. On 4 April 2008, you were
discharge@ with a general characterization of service due to
unsatisfactory participation and assigned an RE-4 (not
recommended for retention) reenlistment code.

In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
current desire to serve in the armed forces. However, the Board
concluded that your reentry code should not be changed because
of your unsatisfactory participation and non-recommendation for
retention. 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,

ROBERT D. ZSALMAN
Acting Executive Director

Enclosure

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