DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

ELP
Docket No. 3093-01
15 October 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.

considered your application on
Your allegations of error and injustice were

A three-member panel of the Board for Correction of Navy Records,
sitting in executive session,
11 October 2001.
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 records provided for the Board's review were incomplete.
the Board found you enlisted in the Marine Corps on
However,
17 September 1996 for four years at age 19.
that you were advanced to CPL and served without incident until
19 August 1999,
disrespect to an officer, assaulting an officer, and three
specifications of assault on two corporals.
referred to a special court-martial on 23 August 1999.

when charges were preferred against you for

The charges were

The record reflects

On 24 September 1999 you entered into an agreement to plead
guilty to two specifications of assault by striking a CPL on the
face with your fist,
throat with your hands and arm;
second story deck.
convening authority agreed to withdraw the remaining charges and

In return for your guilty pleas, the

pushing him up against a wall, grabbing his

and throwing the CPL from the

specifications.
agreement are not on file in the record nor were they provided by
you.

The maximum sentence limitations to this

On 18 October 1999 you were convicted by special court-martial of
the two specifications of assault.
confinement at hard labor for six months, forfeitures of $639 per
month for 6 months,
reprimanded.
suspended all confinement in excess of 90 days for a period 12
months.

The convening authority approved the sentence, but

reduction in rank to PVT (E-l) and to be

You were sentenced to

On 29 August 2000, the

RE-1A to RE-3C.

You also provide copies

The form noted that no reenlist-
and an honorable discharge and

You provide a copy of a career planning contact record which
shows that on 7 August 2000 you were interviewed by the career
planner and counseled regarding the Transition Assistance Program
and the Marine Corps Reserve.
ment request had been submitted,
RE-1A reenlistment code were recommended.
company commanding officer noted on the form that you were
recommended for reenlistment but changed the recommended
reenlistment code from  
of two request mast applications you submitted in December 1999
and November 2000.
matters you could not deal with while in the brig.
request asked for a hearing with the battalion commander
concerning disrespectful treatment you received from a first
sergeant and to get answers to a number of questions about your
getting an honorable discharge.
indicate whether or not a hearing was granted.
provide letters from the battery commanding officer, executive
officer,
though your conduct marks were insufficient to warrant a fully
honorable discharge,
a characterization of service is warranted.
29 November 2000,
honorable conditions,
and assigned an RE-4 reenlistment code.

However, on
you were released from active duty under

and fire direction officer to the effect that even

transferred to the Marine Corps Reserve,

Your first request dealt with personal

your overall service was honorable and such

The second

The request mast form does not

You further

Character of service is based, in part, on conduct'and
proficiency marks which are computed from marks assigned during
periodic evaluations.
separation are not shown in the record.
proficiency averages were 3.76 and 3.8, respectfully.
average mark of 4.0 in conduct was required for a fully honorable
characterization of service at the time of your release from
active duty.

What marks, if any, assigned upon

Your final conduct and

A minimum

Regulations provide that an RE-3C reenlistment code is assigned
when directed by Commandant of the Marine Corps or when the
disqualifying factor is not covered by any other code.

An RE-4

reenlistment code means an individual is not recommended for
reenlistment.

However, no justification

The Board noted your

In its review of your application the Board conducted a careful
search of available records for any mitigating factors which
might warrant a recharacterization of your general discharge and
a change in your reenlistment code.
for such changes could be found.
contentions to the effect that your record of service is missing
two sets of marks in conduct and proficiency, and that these
missing marks prevented you from receiving an honorable
discharge; you were recommended for an
later changed to RE-3C by the commanding officer, and for some
unknown reason was further changed;
assaulted was discharged under other than honorable conditions
for drugs.
that you would get an honorable discharge and you believed that
was true until 15 days before your release when you were notified
that you would not receive such a characterization.

You claim your defense counsel continually told you

RE-1A code, but  

 

and that the individual you

it-was

The Board

The Board has

Both periods show

The fact that the individual

"N/A" was entered for the conduct and proficiency marks,

The Board concluded that the foregoing contentions and claims
were insufficient to warrant recharacterization of your discharge
given the serious nature of the offenses of which you were
convicted by special court-martial.
you assaulted received an other than honorable discharge for
drugs neither mitigates nor excuses your misconduct.
believed that you were fortunate that the command allowed you to
complete your enlistment since you could have been processed for
separation under other than honorable conditions by reason of
misconduct due to commission of a serious offense.
no way of determining why you were not assigned marks for two
periods ending 31 July 1998 and November 1998.
an 
indicating that marks were not required.
that only if you had received two perfect marks of 5.0 in
conduct,
in which no marks were assigned,
sufficiently high to warrant an honorable characterization of
service.
indicate that you never.received a mark of 5.0 or 4.8 in either
category during your enlistment.
it was unlikely that they would
that had marks been assigned,
have sufficiently high to overcome the marks assigned at the time
of your court-martial conviction which reduced your overall
average.
honorable discharge is without merit since it is the discharge
authority who determines the characterization of service and the
requisite marks for a fully honorable characterization are
dictated by regulation.

The fact that you were told that you would get an

would your average have been

or a mark of 5.0 and another of 4.8, for the two periods

a review of your conduct and proficiency marks

The Board also noted

Further,

Therefore,

the Board believes

Regulations provide that a Marine with a court-martial conviction
requires waiver approval for reenlistment by the Commandant of
Absent evidence to the contrary, the Board
the Marine Corps.
concluded that had you requested a reenlistment waiver, it would
not have been favorably endorsed by the discharge authority or
The Board believed that a special
the commanding general.
martial conviction and a general discharge provided sufficient
justification for a non-recommendation for retention and
The Board thus
assignment of an RE-4 reenlistment code.
concluded that the discharge and reenlistment code were proper
and no changes are warranted.
been denied.
be furnished upon request.

Accordingly, your application has
The names and votes of the members of the panel will

 

court-

It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board.
presumption of regularity attaches to all official records.
Consequently,
record,
existence of probable material error or injustice.

the burden is on the applicant to demonstrate the

In this regard,

You are entitled to have

it is important to keep in mind that a

when applying for a correction of an official naval

Sincerely,

W. DEAN PFEIFFER
Executive Director