DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1004
ARLINGTON, VA 22204-2490
BJG
eercimncen swe oo ; Docket No: 1301-14
17 July 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 15 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Marine Corps. and entered active duty on 30
January 1995. During your last enlistment, you were convicted
by a special court-martial (SPCM) of disrespect and assault of a
commissioned officer. You also received an adverse fitness
report for not meeting weight standards. You were not allowed
to reenlist, and on 4 December 2012, you were involuntarily
discharged with an honorable characterization of service, and
assigned an RE-4 (not recommended for retention) reentry code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your prior honorable
service, and current desire to change your reentry code so you
can reenlist. However, the Board concluded that you were
correctly assigned the RE-4 reentry code due to your SPCM
conviction, weight issue, and non-recommendation for retention. -
The Board was also unwilling to grant you additional service to
allow you to enter the 18 year sanctuary zone. The Board
believed that you were fortunate to receive an honorable
discharge, since Marines who have committed misconduct normally
receive other than honorable characterizations of service. You
“are further advised that no reentry code is changed due merely
to the passage of time or post service good conduct. In view of
the above, your application has been denied. The names and
votes of @hé snmbers of the panel will be furnished upon
¥equest. — :
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,
eds D fo
ROBERT D. ZSALMAN
Acting Executive Director
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