DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
EGA
Docket No: 4367-14
13 April 2015
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.
Although your application was not filed in a timely manner, -the
- Board found. it. in the interest:of justice to waive the statute |
of limitations and consider your application on its merits. A
three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
26 March 2015. The names and votes of the members of the panel
will be furnished upon request. 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.
In regard to your request for a personal appearance, be advised
that Board regulations state personal appearances before the
Board are not granted as a right, but only when the Board
determines that such an appearance will serve some useful
purpose. In your case, the Board determined that a personal
appearance was not necessary and considered your case based on
the evidence of the record.
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 and began a period of active duty on
26 November 1996. You served without disciplinary incident
until 10 September 2008, when you received nonjudicial
punishment (NUP) for disrespect and insubordinate conduct. Asa
result, you were recommended for an administrative separation by
reason of misconduct due to a serious offense. On
10 October 2008, you were discharged with a general
characterization of service and assigned an RE-4 reentry code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your character of service and
reenlistment code. Nevertheless, the Board concluded these
.factors were not sufficient to warrant relief in your case,
given the seriousness of your misconduct and you were not
recommended for reenlistment. Finally, Sailors discharged by
reason of misconduct would normally be assigned an RE-4
reenlistment code, which is a bar to reenlistment. Accordingly,
your application has been denied.
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 mattér not previously considered by -
the Board within one year from the date of the Board's decision.
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,
ROBERT J. O’ NEILL
Executive Director
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