DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7015S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BC
Docket No: 00699-14
5 June 2014
This is in reference to your application for correction of your
navai 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 4 June 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 15 December 2003. On 9 June 2011, you were convicted by
a summary court-martial (SCM) of failure to obey an
order/regulation, making a false official statement and forgery
of orders. You were sentenced to a forfeiture of $1,163, and
reduction in pay grade to corporal (E-4). On 10 June 2011, you
acknowledged that you were not recommended for promotion for 12
months due to your conviction by SCM. You were separated on 10
January 2012, with an honorable characterization of service and
assigned an RE-4 (not recommended for reenlistment) 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 insufficient
Co warrant any change in your reentry code, given your record of
conviction by SCM, high year tenure as a corporal, and non-
recommendation for reenlistment. 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,
ROBERT D. ZSALMAN
Acting Executive Director
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