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NAVY | BCNR | CY2001 | 02722-01
Original file (02722-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

TJR
Docket No: 2722-01
26 July 2001

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.

Your allegations of error and

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 17 July 2001.
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, and applicable statutes, regulations, and policies.
Board was unable to obtain your complete service record and
conducted its review based on your partial service record,
information extracted from your unit diary book, and the
documentation submitted with your application.

The

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 enlisted in the Marine Corps on 4 November
1986 at the age of 18.
entries 
13 September 1991 you received nonjudicial punishment  
record does not, however,
received these  

(NJP).
indicate the offenses for which you

(UDE) which indicate that on 3 October 1990 and again on

Your record contains two unit diary

NJPs.

The

Your record reflects that on 5 November 1992 you were convicted
by special court-martial (SPCM) of disrespect and were sentenced
to reduction to 
1992, you were honorably released from active duty and
transferred to the Marine Corps Reserve.
not recommended for reenlistment and were assigned an RE-4
reenlistment code.
obligation, you were issued an honorable discharge certificate.

At the expiration of your military

Shortly thereafter, on 13 November

paygrade  E-3.

At that time you were

Your record also contains a letter from Headquarters, Marine
Corps, which indicates that the RE-4 reenlistment code was
properly assigned.
of your UDE, it was revealed that you were unsuitable for
reenlistment because you were not recommended for promotion on
several occasions, failed your physical fitness test, had   a check
returned due to insufficient funds, and committed misconduct
which resulted in two  

This letter also indicates that, after review

NJPs.

to be restricted from serving in the military

The Board, in its review of your entire application, carefully
weighed all potentially mitigating factors, such as your youth
and immaturity and your contention that you believe it is an
injustice for you
because of some disciplinary problems that occurred during your
six year enlistment in the Marine Corps.
However, the Board
concluded these factors and contention were not sufficient to
warrant a change in your reenlistment code because of your
misconduct, and since you were not recommended for reenlistment.
An RE-4 reenlistment code is required when an individual is
separated at the expiration of his term of active obligated
service and is not recommended for reenlistment.
circumstances of your case,
code was proper and no change is warranted.
application has been denied.

Given all the

the Board concluded your reenlistment

Accordingly, your

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,

Executive D

2



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