DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG
Docket No: 775-13
15 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, you may apply to
the Naval Discharge Review Board (NDRB) for a change to your
character of service and narrative reason for separation. 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 10 October 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 Marine Corps and entered active duty on 10
July 1997. You received nonjudicial punishment on for failure
to obey a lawful order. You were also counseled on three
occasions regarding unauthorized absence and uttering worthless
checks. On 17 May 1999, you made a suicidal gesture while in
Tijuana, Mexico. You were also offered Level III inpatient
substance abuse rehabilitation, but failed due to refusal of
treatment. You were then notified that your commanding officer
was recommending you for administrative separation with an other
than honorable (OTH) characterization of service discharge due
to misconduct. You waived your procedural right to an
administrative discharge board (ADB). On 15 October 1999, you
received an OTH characterization of service discharge due to
misconduct, and were 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 upgrade your reentry code. However, the Board
concluded that your reentry code should not be changed due to
your numerous acts of misconduct. The Board particularly noted
that you waived the right to an ADB, your best opportunity for
retention or a better characterization of service. You are
advised that no reentry code is upgraded automatically 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,
W. DEAN PFE R
Executive Dir
Enclosure
NAVY | BCNR | CY2013 | NR637 13
You waived your procedural right to have your case heard by an administrative discharge board (ADB). However, the Board concluded that your reentry code should not be changed due to your misconduct and non-recommendation for reenlistment. 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.
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NAVY | BCNR | CY2013 | NR870 13
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NAVY | BCNR | CY2013 | NR960 13
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