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NAVY | BCNR | CY2013 | NR637 13
Original file (NR637 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: 637-13
9 October 2013

 

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.

Since your discharge is less than 15 years old, the Board did
not consider upgrading your discharge or changing your narrative
reason for separation. You may apply to the Naval Discharge
Review Board (NDRB) for this relief. I have enclosed a copy of
NDRB’s application form for your convenience.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 26 September 2013. 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 Navy and entered active duty on 5 January
2000. You received nonjudicial punishment for unauthorized
absence (two days), missing ship’s movement, and wrongful use of
Marijuana. 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. You waived your procedural right to have your case
heard by an administrative discharge board (ADB). On 29 May
2002, you were discharged with an OTH characterization of
service due to misconduct, and assigned an RE-4 (not recommended
for reenlistment) reentry code.

 

In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
current desire to change your reentry code. However, the Board
concluded that your reentry code should not be changed due to
your misconduct and non-recommendation for reenlistment. The
Board found that you waived your right to an ADB, your best
opportunity for retention or a better characterization of
service. You are advised that the mere passage of time or post
service good conduct do not require the upgrade of a reentry
code. 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,

Ly DasQV op

W. DEAN PFEIBF
Executive Direc

 

Enclosure

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