DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BC
Docket No: 00790-14
10 July 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 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 and began a period of active
duty on 8 June 2009. On 2 October 2013, you were convicted by a
summary court-martial (SCM) of failure to obey an order on three
occasions, wrongfully having sexual intercourse with a married
senior noncommissioned officer and conspiracy. You were
sentenced to reduction in pay grade and 30 days restriction. on
8 October 2013, you were not recommended for reenlistment. You
were separated on 10 October 2013, with an honorable
characterization of service and assigned an RE-4 (not
recommended for reenlistment) reentry.
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 conviction by a SCM 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.
The Board recommended that you affiliate with a reserve unit as
soon as possible and begin drilling. Your end of obligated
service is 13 July 2016.
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,
WH LAD, fo
ROBERT D. ZSALMAN
Acting Executive Director
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