Search Decisions

Decision Text

NAVY | BCNR | CY2014 | NR0699 14
Original file (NR0699 14.pdf) Auto-classification: Denied
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

Similar Decisions

  • NAVY | BCNR | CY2014 | NR0790 14

    Original file (NR0790 14.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 July 2014. 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...

  • NAVY | BCNR | CY2013 | NR9471 13

    Original file (NR9471 13.pdf) Auto-classification: Denied

    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. However, the Board found those factors insufficient to warrant any change in your reentry code, due to your SCM conviction. 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.

  • NAVY | BCNR | CY2010 | 09858-10

    Original file (09858-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on.21 June 2011. 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. Nevertheless, the Board concluded these factors were not sufficient to warrant a change in the reentry code given your SCM conviction of serious...

  • NAVY | BCNR | CY2013 | NR8954 13

    Original file (NR8954 13.pdf) Auto-classification: Denied

    | A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 September 2014. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2014 | NR0270 14

    Original file (NR0270 14.pdf) Auto-classification: Denied

    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. On 3 June 2011, you received counseling informing you that you were ‘not recommended for promotion for a period of 12 months. 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...

  • NAVY | BCNR | CY2013 | NR9261 13

    Original file (NR9261 13.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 July 2014. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable StatUres', regulations, and policies. You were assigned the most favorable reentry code under your circumstances.

  • NAVY | BCNR | CY2006 | 08600-06

    Original file (08600-06.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 July 2007. your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Nevertheless, on 17 November 1969 you received your sixth NUP for failure to obey a lawful order and were awarded restriction and extra duty for 14 days. The record further reflects that on 1...

  • NAVY | BCNR | CY2014 | NR021 14

    Original file (NR021 14.pdf) Auto-classification: Denied

    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. Subsequently, administrative discharge action was initiated by reason of misconduct due to a pattern of misconduct. An RE-4 reentry code is required when a Marine is discharged due to misconduct and is not recommended for retention.

  • NAVY | BCNR | CY2010 | 08642-10

    Original file (08642-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 April 2011. You were notified that you were being recommended for administrative separation with an other than honorable (OTH) discharge due to a pattern of misconduct. 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.

  • NAVY | BCNR | CY2014 | NR1900 14

    Original file (NR1900 14.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 August 2014. After careful and conscienticus consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...