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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