DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1004
ARLINGTON, VA 22204-2490
BC
Docket No: 00729-14
5 August 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 30 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 Navy on 14 August 1998, On 10 April 2000,
you received nonjudicial punishment (NJP) for being
disrespectful in language toward two chief petty officers,
disobeying a lawful order and using provoking gestures. On 4
December 2000, you received NJP for using provoking speech and
gestures, disorderly conduct and assault. On 15 December 2001,
you were in an unauthorized absence (UA) status for one day,
which was counted as lost time. On 18 December 2001, you had an
off base alcohol related incident and received a written warning
from your commanding officer. It is documented in your record
that you failed the Spring and Fall 2003 physical fitness tests.
On 27 May 2006, a drug and alcohol abuse report documents that
you were charged with assault and using provoking speech and
gestures while intoxicated. On 3 July 2006, you were referred
for an alcohol assessment after an alcohol related incident and
it was found that you did not meet the criteria for an alcohol
abuser diagnosis. The counselor stated that since you taught
alcohol abuse awareness classes, it was not recommended that you
go through the treatment. Your commanding officer forwarded his
recommendation that you be separated with an honorable discharge
by reason of alcohol rehabilitation failure. The discharge
authority approved the recommendation, directed a discharge and
assigned an RE-4 (not recommended for retention) reentry code.
On 11 August 2006, you were so separated with an honorable
,» characterization of service and assigned an RE-4 reentry code.
: ee
Tey ope
: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 upgrading your
reentry code, given your repeated acts of misconduct and alcohol
related incidents. Accordingly, your application has been
denied. The names and votes of the members of the panel will be
furnished upon request.
The Board did not consider whether your narrative reason for
discharge should be changed due to the fact that your discharge
is less than 15 years old. You must first apply to the Naval
Discharge Review Board (NDRB). Enclosed is a DD Form 293 you
May use to apply to the NDRB.
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,
Se SED. ya
ROBERT D. ZSALMAN
Acting Executive Director
Enclosure
NAVY | BCNR | CY2007 | 09236-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 November 2008. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and assertions that your misconduct and discharge were the result of you being under the influence of alcohol, and that you were not offered treatment for your alcohol abuse. Consequently, when applying for a...
NAVY | DRB | 2012_Navy | ND1200690
Representation: By a vote of the Characterization shall .By a vote of the Narrative Reason shall .Discussion The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and the reason for discharge if such change is warranted.In reviewing discharges, the Board presumes regularity in the conduct of governmental affairs unless there is substantial credible evidence to rebut the presumption, to include...
NAVY | DRB | 2013_Navy | ND1301593
Regulations limit the NDRB’s review solely to a determination of the propriety and the equity of a discharge.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entriesand discharge process, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain .The Applicant remains eligible for a personal appearance hearing for a period of fifteen years from the date of...
USMC | DRB | 2010_Marine | MD1000267
” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years of the Applicant’s date of discharge. There is no requirement or law that grants recharacterization solely on the issue of obtaining veterans benefits and this issue does not serve to provide a foundation upon which the Board can grant relief. Additionally, the NDRB has no authority to upgrade a...
NAVY | BCNR | CY2009 | 11929-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 May 2010. Since you have been treated no aifferently than others discharged for that reason, the Board could not find an error or injustice in the assignment of the RE-4 reentry code. 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 | DRB | 2013_Navy | ND1300085
Relief denied.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, and discharge process, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain .The Applicant remains eligible for a personal appearance hearing for a period of fifteen years from the date of discharge. ” Additional Reviews : After a document review has been conducted, former members are...
NAVY | DRB | 2005_Navy | ND0501079
The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions). The NDRB advises the Applicant’s that his evaluation grades, service awards, and overall service records do not mitigate his misconduct. The Applicants only recourse is to petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100, concerning a change in the characterization of naval service, if he...
USMC | DRB | 2013_Marine | MD1300944
There is no requirement or law that grants recharacterization solely on the issue of obtaining veterans benefits, and this issue does not serve to provide a foundation upon which the Board can grant relief.A former servicemember has 15 years from his discharge date to apply to the NDRB for a review of his discharge characterization and narrative reason for separation. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance...
NAVY | DRB | 2014_Navy | ND1401086
DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.The Applicant contends his discharge is inequitable because it was based on a single isolated incident.2. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years of the Applicant’s date of discharge. Additionally, the NDRB has no authority...
USMC | DRB | 2014_Marine | MD1400284
DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. Relief denied.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, and discharge process, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain .The Applicant remains eligible for a personal appearance hearing for a period of fifteen...