DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 2348-02
4 October 2002
This is in reference to your
naval record pursuant to the
States Code, Section 1552.
application for correction of your
provisions of Title 10, United
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 1 October 2002.
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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You reenlisted in the Marine Corps on 6 November 1999 after three
years of prior honorable service and served without disciplinary
incident.
Your record contains three administrative remarks entries during
the period from 9 November 1998 to 15 June 1999, in which you
were counselled and not recommended for promotion due
failure to meet Marine Corps height, weight, and body
standards, and weight control failure.
to your
fat
On 2 October 2000 you were notified that you were not
for reenlistment because of your weight control failure, and that
you would be assigned an RE-4 reenlistment code.
On 5 January 2001, at the completion of your required active
service, you were honorably discharged and were assigned an RE-4
reenlistment code.
recommended
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service and your contention that you were
unaware that the RE-4 reenlistment code prohibited your
Nevertheless, the Board concluded
reenlistment in the Army.
these factors and contention were not sufficient to warrant a
The Board further concluded
change in the reenlistment code.
that the RE-4 reenlistment code was appropriately assigned and
that such a code is mandatory when an individual is separated at
the completion of his required active service but is not
recommended for reenlistment.
your persistent failure to meet Marine Corps weight standards.
Finally, there is no evidence in the record, and you submitted
none, to support your contention.
has been denied.
Further, the record clearly shows
Accordingly, your application
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,
W. DEAN PFEIFFER
Executive Director
2
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