DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE toot
ARLINGTON, VA 22204-2490
TAL
Docket No: 4741-14
2 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. The application was filed ina timely
manner.
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. ~:
18 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.
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
24 March 2008. You served for three years and six months without
disciplinary incident, but on 20 September 2011, you received
nonjudicial punishment (NIP) for making .a false official
statement and forgery of 30 training certificates.
Subsequently, you were notified of pending administrative
separation by reason of misconduct due to commission of a serious
offense. Your commanding officer approved and directed your .
discharge with a general characterization of service by reason of
misconduct due to commission of a serious offense and on
10 November 2011, you were so discharged and assigned an RE-4
(not recommended for retention) reenlistment code.
On 22 March 2013, the Naval Discharge Review Board (NDRB) made a
decision to change your characterization of service to honorable
‘and the narrative reason for separation to secretarial authority.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to change your reenlistment code for possible
reenlistment. Nevertheless, the Board concluded these factors
were not sufficient to warrant a change in your reenlistment code
. given the non-recommendation for reenlistment which was
sufficient to support the assignment of an RE-4. 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 within one year from the date of the Board’s decision.
New evidence is evidence not previously considered by the Board
prior to making its decision in your case. 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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