DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BC
Docket No: 00801-14
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 15 June 2004. On 2 May 2012, you received nonjudicial
punishment (NJP) for failure to obey a lawful order by
wrongfully hazing two fellow Marines, cruelty and maltreatment,
and making a false official statement. On 8 January 2013, you
received counseling and were informed that you were not
recommended for retention and would receive an RE-4 (not
recommended for retention) reentry code. You were separated
from active duty with an honorable characterization of service
due to non-retention on active duty on 22 February 2013, and
assigned an RE-4 reentry code. ,
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors present in
your case, such as your overail record of service. However, the
Board found those factors insufficient to warrant any change in
your reentry code, given your NJP and non-recommendation for
retention. 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.
ait is regretted that the circumstances of your case are such
“that favorable action. ‘Cannot be taken. You are entitled to have
“apes 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,
yea dS
*
ROBERT D. ALMAN
Acting Executive Director
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