DEPARI MENT ur mmf WAY
poe pm ror rarer ntTion AP NAVA! RECORDS
701 5. COURTHOUSE ROAD, SUITE joo)
ARLINGTON, VA 22204-2490
HCG
Docket No: 4628-14
23 December 2014
acd
This is in reference to your application tor correction of your
naval record pursuant to the provisions of title 10 of the United
a three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 10 December 2014. 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, ang 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 and began 4 period of active duty on
g June 1999. You served without incident for over thirteen years
until 6 May 2013, when you received nonjudicial punishment (NUP)
for disobedience. Based on the information currently contained
in your record, administrative separation action was initiated to
separate you by reason of misconduct due to commission of 4
serious offense. You waived your rights to consult counsel,
submit a statement, or have your case heard by an administrative
discharge board (ADB). Your commanding officer directed your
separation, and on 17 September 2013, you received an honorable
discharge. At rhat time, you were assigned an RE-4 (not
recommended for reenlistment ) reentry code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your record of
service, desire to upgrade your RE-4 reentry code, and assertion
that you were not afforded full due process in your case.
Nevertheless, the Board found that these factors were not
sufficient to warrant changing your reentry code given your NUP
for a serious offense, and the fact that you were discharged due
to misconduct. An RE-4 reentry code must be assigned to all
; Sailors discharged due to misconduct. The Board noted that you
-were fortunate to receive an honorable discharge since a
your assertion, as stated, in part, in your Naval Discharge
Review Board documentary review of 10 July 2014, the separation
authority determines whether separation is warranted, not the
reporting senior. Additionally, regardless of what your
separation worksheet stated, you were notified of the separation
proceedings for misconduct, provided an opportunity to present
your case before an ADB, but waived that right, thus accepting
the narrative reason recommended in your letter of notification.
Finally, that you were properly notified and afforded full due
process in your case. Accordingly, your application has been
denied.
Tt 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
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'NETLL
Executive Director
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