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Decision Text

NAVY | BCNR | CY2001 | 01134-01
Original file (01134-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE  NAVY 

B O A R D   F O R   C O R R E C T I O N   O F   N A V A L   R E C O R D S  

2   N A V Y A N N E X  

W A S H I N G T O N   D C   2 0 3 7 0 - 5 1 0 0  

TRG 
Docket No:  1134-01 
25 January 2002 

This is in reference to your application for correction of your 
naval record pursuant to the provisions of Title 10 of the 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 23 April 2002.  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. 

You enlisted in the Marine Corps for four years on 6 June 1994 at 
age 18.  The record shows that during the period 3 August  1995 to 
23 February 1998 you received nonjudicial punishment  (NJP) on 
four occasions for shoplifting, underage drinking, drunk driving, 
and absence from your appointed place of duty.  In addition, you 
were counseled concerning substandard conduct, disrespect, 
irresponsible behavior and writing bad checks.  You were released 
from active duty on 5 June 1998 with your service characterized 
as being under honorable conditions.  At that time, you 
acknowledged that you were not recommended for reenlistment and 
would be assigned an RE-4 reenlistment code.  Subsequently, you 
were issued an honorable discharge while you were a member of the 
Marine Corps Reserve. 

Character of service is based, in part, on conduct and 
proficiency averages which are computed from marks assigned 
during periodic evaluations.  Your conduct and proficiency 
averages were 3.8 and 4.0,  respectively.  A minimum average mark 
of 4.0 was required at the time of your separation for a fully 
honorable characterization of service. 

In its review of your application the Board carefully weighed all 

potentially mitigating  factors, such as your youth and the 
documentation you submitted showing that you were honorably 
discharged from the Marine Corps Reserve and that you are now a 
member of the National Guard.  The Board found that these factors 
were not sufficient to warrant recharacterization of your service 
on release from active duty given your disciplinary record and 
your failure to achieve the required average mark  in conduct. 
The Board further found that the erroneous honorable discharge 
certificate was not sufficient to support recharacterization of 
your service, upon release from active duty, to fully honorable. 
The Board concluded that you were properly released from active 
duty under honorable conditions and a change in the record was 
not warranted.  Concerning the reenlistment code, the Board 
further concluded that your record of counselings and NJP1s was 
sufficient to support the assignment of the RE-4  reenlistment 
code. 

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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