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NAVY | BCNR | CY2001 | 05527-01
Original file (05527-01.pdf) Auto-classification: Denied
DEPARTMENT 

OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

CRS
Docket No: 
30 November 2001

5527-01

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.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 7 November 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, your naval record and applicable statutes, regulations
and policies.

Your allegations of error and

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 Board found that you reenlisted in the Marine Corps after
more than three years of prior active service.
The record
reflects that you received numerous counseling entries that
included poor judgment regarding personal finances on two
occasions, failure to turn your weapon into the armory, failure
to prepare for a wall locker inspection on two occasions, failure
to clean your rifle,
and being late for morning formations. On
30 April 1984 a competency review board reduced you in rank from
SGT to CPL.

On 17 May 1984 the commanding officer recommended that you be
separated with a general discharge by reason of misconduct due to
minor disciplinary infractions.
After review by the discharge
authority,
was approved and you were discharged with a general discharge on
3 July 1984.
At that time you were assigned a reenlistment code
of RE-4.

the commanding officer's recommendation for separation

In its review of your application the Board carefully weighed all

potentially mitigating factors,
discharge was too harsh.
factors were not sufficient to warrant recharacterization of your
discharge, given your record of numerous counseling entries.
Consequently, the Board concluded that no change to the discharge
is warranted.

such as your contention that the
However, the Board concluded that these

Applicable regulations require the assignment of an RE-4
reenlistment code when an individual is discharged due to
misconduct.
have been treated no differently than others in your situation.
Therefore, the Board could not find an error or injustice in the
assignment of your reenlistment code.

Since that is the reason for your discharge, you

Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.

The names and

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

2



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