D E P A R T M E N T O F T H E N A V Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAW ANNEX
WASHINGTON DC 20370-5100
T JR
Docket No: 7734-98
29 April 1999
Dear
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 20 April 1999. 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.
The Board found you reenlisted in the Marine Corps on 9 November
1993 after four years of prior honorable service. Your record
reflects that you continued to serve for two years and two months
without disciplinary incident but on 29 January 1997 you received
nonjudicial punishment (NJP) for three incidents of failure to
obey a lawful order and failure to go to your appointed place of
duty. The punishment imposed was reduction to paygrade E-4.
Your record contains an administrative remarks (page 11) entry in
which you acknowledged assignment of an RE-30 reenlistment code
due to your refusal to reenlist. On 29 July 1998, at the
completion of your required active service, you were honorably
discharged and assigned an RE-30 reenlistment code.
Your record also contains a letter from the Headquarters Marine
Corps, Performance Evaluation Review Branch dated 29 July 1998
which noted, in part, as follows:
.... the RE-30 reenlistment code was correctly assigned ....
the reenlistment code was based on your overall record of
performance while on active duty and means that you refusad
assigned orders without sufficient obligated service
remaining .... administrative portion of your service record
indicates that you were counselled concerning your
unwillingness to reenlist/extend to comply with PCS
orders. ... you signed an official service record book entry
acknowledging receipt of the R E - 3 0 reenlistment code ....
once a code is correctly assigned it is not routinely
changed or upgraded as a result of events that occur after
separation or based merely on the passage of time.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your honorable service and your contention that you would like
your reenlistment code changed so that you may become a
commissioned officer. The Board further considered your
contention that you refused to reenlist in the Marine Corps
because you had been accepted for college. However, the Board
concluded these factors were not sufficient to warrant a change
in your reenlistment code given your refusal to reenlist.
Further, the Board concurs with the comments contained in the
letter from Headquarters Marine Corps, Performance Evaluation
Review Branch. The RE-30 reenlistment code may not prohibit
reenlistment, but requires that a waiver be obtained. Recruiting
personnel are responsible for determining whether you meet the
standards for reenlistment, and whether or not a waiver of your
reenlistment code is feasible. Given all the circumstances in
your case, the Board concluded your reenlistment code was proper
as issued and no change is warranted. 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,
W. DEAN PFEIFFER
Executive Director
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