DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BC
Docket No: 01900-14
14 August 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 13 August 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 conscienticus 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 7 April 2008. On 13 November 2009, you received
nonjudicial punishment (NJP) for insubordinate conduct. On 19
February 2010, you were convicted by a summary court-martial
(SCM) of wrongfully going out of bounds, failure to obey an
order by wrongfully consuming alcohol and drunken or reckless
“operation of a vehicle. You were sentenced to a forfeiture of
$482, reduction in pay grade and 20 days confinement.
Thereafter, you were notified that administrative discharge
procedures had been initiated and that you would receive an
under other than honorable discharge due to misconduct. You
were so discharged on 17 June 2010 and assigned an RE-4 {not
recommended for retention) reentry code.
On 13 dune 2013, you petitioned this Board to upgrade your
characterization of service to general, which it granted.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your overall record of service. However, the Board found those
factors insufficient to warrant any change in your RE-4 reentry
code, given your record of misconduct. 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,
‘ an De ye
ROBERT D. ZSALMAN
Acting Executive Director
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