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 20370-51 00
ELP
Docket No. 2198-99
20 August 1999
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 18 August 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Marine Corps on
9 December 1986 for five years at age 19. The record reflects
that you were promoted to CPL (E-4) and served for nearly 21
months without incident. However, during the 18 month period
from November 1988 to May 1990 you received four nonjudicial
punishment (NJPs). The offenses consisted of absence from your
appointed place of duty, a 16 hour period of unauthorized
absence, disrespect and failure to obey a lawful order.
The record further reflects that on 11 June 1991 the commanding
officer (CO) commented on the Career Planning Contract Record
that you had matured since Desert ~ t o r m / ~ h i e l d and were a hard
worker. You were recommended for reenlistment. An interview
conducted on 26 September 1991 by the career planner noted that
you had decided to get out at the expiration of your enlistment
and were planning to attend junior college. The career planner
noted that although you were recommended for reenlistment in June
1991 by your previous CO, you were ineligible due to the four
NJPs and should receive an RE-3C reenlistment code. Thereafter,
the current CO recommended you for reenlistment and assignment of
a RE-3C reenlistment code. You were then informed that this code
was being assigned since four NJPs made you ineligible for
reenlistment. There is no evidence that you submitted a request
for reenlistment.
On 8 December 1991, you were honorably released from active duty,
transferred to the Marine Corps Reserve, and assigned an RE-3C
reenlistment code.
Regulations provide that individuals with more than two NJPs are
ineligible for reenlistment without C M C v s approval. An RE-3C
reenlistment code is assigned when directed by Commandant of the
Marine Corps (CMC), or when an individual is not eligible for
reenlistment and the disqualifying factor is not covered by any
other code. Your contentions to the effect that your DD Form 214
contains no remarks to justify the assigned reenlistment code and
the career planner never considered your CO's recommendation are
without merit. The record clearly indicates that both C O v s
recommended you for reenlistment. The reenlistment code was
assigned by the CO, not by the career planner. The career
planner only pointed out to the CO that since you were
recommended for reenlistment, you rated an RE-3C reenlistment
code and not an RE-4. The Board concluded that the reenlistment
code was proper 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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