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NAVY | BCNR | CY2014 | NR0265 14
Original file (NR0265 14.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

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

 

BC
Docket No: 00265-14
10 July 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 9 July 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.

You enlisted in the Marine Corps on 1 June 2004. Between 13
January 2002 and 6 January 2006, you received eight counseling’s
concerning not being recommended for promotion due to your lack
of leadership, use of profanity, sleeping on watch and lack of
appropriate enthusiasm, discipline, responsibility and
dependability. On 12 January.2006, you received nonjudicial
punishment (NUP) for failure to go to your appointed place of
duty, and failure to obey a direct order. On 30 January 2009,
you received NUP for failure to obey an order/regulation by
operating a government vehicle while exceeding the speed limit.
On 11 February 2011, you received NUP for loss of military
property valued at $1,760. You were honorably released from
active duty on 2 March 2011, at the completion of your required

active duty and transferred to the Marine Corps Reserve. You
were assigned an RE-4 (not recommended for retention) reentry
code. You were honorably discharged from the Marine Corps
Reserve on 22 July 2011.

The Board, in its review of your application, carefully weighed
all potentially mitigating factors present in your case. It
found those factors insufficient to warrant changing your
reentry code or the separation code, given your repeated acts of
misconduct and non-recommendation for retention. Accordingly,
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,
| SS fh

ROBERT D. ZSALMAN
Acting Executive Director

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