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NAVY | BCNR | CY2014 | NR2751 14
Original file (NR2751 14.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

BC
Docket No: 02751-14
1 May 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 April 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 8 October 2009. On 27 October 2009,
you received counseling for numerous negative entries on your
recruit hard card for using inappropriate comments and
unprofessional conduct, and using racially inappropriate
language while in a trainee status. Due to your failure to
adapt to military service you were informed that administrative
separation procedures were initiated and you waived all of your
rights. The discharge authority directed an uncharacterized
entry level separation by reason of entry level performance and
conduct and assigned an RE-4 (not recommended for retention)
reentry code. You were so discharged on 29 December 2009.

In its review of your application, the Board considered all
potentially mitigating factors, such as your youth and current
desire to serve in the armed forces. The Board concluded,
however, there was no error or injustice in the assignment of
the RE-4 reentry code in light of your failure to adapt and non-
completion of recruit training. 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,

tS.

ROBERT D.” ZSALMAN
Acting Executive Director

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