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NAVY | BCNR | CY2014 | NR0679 14
Original file (NR0679 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: 00679-14
15 May 2014

 

This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, 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 14 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice,

You enlisted in the Marine Corps and began a period of active
duty on 12 October 2004. On 15 May 2009, you received
nonjudicial punishment (NJP) for two incidents for losing
military property (an XTS 5000 radio and four magazines loaded
with rounds). On 2 April 2012, you received counseling for your
lack of judgment and professionalism by directing an
inappropriate question of a suggestive and sexual nature to a
junior female Marine. You signed an acknowledgment that you
-were being assigned an RE-3C reentry code (when directed by the
Commandant of the Marine Corps or when eligible and
disqualifying factor is not covered by any other code). You
were separated on 7 December 2012, with an honorable discharge
due to non-retention on active duty and assigned an RE-3C
reentry code,
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors present in
your Case. However, the Board found those factors were
insufficient to warrant any change in your reentry code, given
your record of NUP for misconduct and other inappropriate
behavior. The Board also noted that you were fortunate to
receive an honorable discharge since a separation under other
than honorable conditions is often directed when an individual

-is found to have committed misconduct. 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,

TD, a

ROBERT D. ZSALMAN
Acting Executive Director

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