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: 2926-01
24 April 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 on 24 June 1997 at age 18. The
record shows that during the period 20 August 1998 to 6 October
2000, you received nonjudicial punishment on two occasions and
were convicted by a summary court-martial. Your offenses were
three short periods of unauthorized absence, two instances of
disobedience, three instances of making a false statement, theft
of military property, and using a government telephone for
personal use. In addition, you were counseled on six occasions
concerning lack of judgment, lack of integrity, disorderly
conduct, drunkenness, driving on a revoked license, and
improperly carrying a concealed weapon.
The discharge processing documentation is not filed in your
service record. However, it appears that you were processed for
an administrative discharge by reason of misconduct due to a
pattern of misconduct. The record shows that you were discharged
under other than honorable conditions on 2 February 2001. At
that time you were not recommended for reenlistment and were
assigned an RE-4 reenlistment code.
In your application, you are requesting a change in the
reenlistment code so you can reenlist and earn an honorable
discharge. However, the Board concluded that your record of
misconduct and counseling entries 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.
You may request recharacterization of your discharge and a change
in the reason for your discharge by completing the enclosed
application, DD Form 293, and submitting it to the Naval
Discharge Review Board (NDRB).
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
Enclosure
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