A-4
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DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
BJG
Docket No: 4755-01
8 November 2001
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.
RE-lC, or RE-3C (directed by the Commandant of the Marine Corps (CMC) or not
You requested upgrading your reenlistment code of RE-4 (not recommended for reenlistment)
to RE-1,
eligible for reenlistment and the disqualifying factor is not covered by any other code.)
Since the Marine Corps has no codes of RE-1 or
RE-lC, it is presumed you were requesting
RE-1A (recommended and eligible for reenlistment). You also requested full separation pay.
It is noted that CMC has corrected your reenlistment code to RE-3C.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 7 November 2001. Your allegations of error and
injustice kere 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. In addition, the Board
considered the advisory opinions from Headquarters Marine Corps, dated 1 and
6 August 2001, copies of which are attached. They also considered your letters dated 14 and
23 June 2001, each with enclosures.
In light of your special court-martial conviction, they found the RE-
injustice.
not be warranted, notwithstanding your commanding officer’s recommendation for your
reenlistment. They substantially concurred with the comments contained in the advisory
opinion dated 1 August 2001 in finding you do not rate full separation pay. In view of the
above, your application for relief beyond that effected by CMC has been denied. The names
and votes of the members of the panel will be furnished upon request.
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
1A code would
..
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
Enclosures
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