DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 2881-02
6 December 2002
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 3 December 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
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 enlisted in the Marine Corps on 24 April 1995 at the age of
22 and served without disciplinary incident.
During the period from 19 February to 17 December 1997 you were
counselled on several occasion regarding your nonrecommendation
for promotion due to weight control failure.
you were also counselled regarding your unsatisfactory
performance while assigned to a weight control program.
On 15 March 1998 you were again counselled regarding your
nonrecommendation for promotion due to weight control failure.
Shortly thereafter, on 28 April 1998, you were notified of
pending administrative separation action by reason of weight
control failure.
consult with legal counsel and to submit a statement of rebuttal
to the separation proceedings.
counsel you elected your right to submit a statement in rebuttal
to the separation, however,
On 15 May 1998 your commanding officer recommended
The discharge
your record.
separation by reason of weight control failure.
authority approved this recommendation and directed a general
discharge.
RE-4 reenlistment code.
On 2 June 1998 you were so discharged and assigned an
On 22 February 2002 you were advised by Headquarters, Marine
Corps, Performance Evaluation Review Branch, that the RE-4
reenlistment code was correctly assigned based on your overall
record and nonrecommendation for reenlistment at the time of your
separation.
and your contention that because of
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity,
your exemplary record of service and good physical training
performance evaluations you should have been assigned a better
reenlistment code.
factors and contention were not sufficient to warrant a change in
the reenlistment code because of your weight control failure,
unsatisfactory performance while assigned to a weight control
program, and since you were not recommended for reenlistment.
Accordingly, your application has been denied.
Nevertheless, the Board concluded these
Regarding your contention that you elected your right to present
your case to an administrative discharge board (ADB), the Board
noted that when an individual is being processed for separation
he is entitled to request an ADB
due to weight control failure,
Since you
only if he has six or more years of active service.
you were not entitled to
had only about three years of service,
request an ADB.
The Board did not consider whether your characterization of
service for separation should be changed, since you did not ask
for such consideration, and you have not exhausted your
administrative remedy applying to the Naval Discharge Review
Board (NDRB).
You may apply to NDRB by submitting the attached
Application for Review of Discharge or Dismissal from the Armed
Forces of the United States (DD Form 293).
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.
2
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
3
NAVY | BCNR | CY2009 | 01677-09
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 record reflects that during the period from 22 October 1990 to 27 August 1991 you received counselling on 10 occasions regarding deficiencies in your performance and conduct, specifically, your alcohol related incidents during Operation Desert Shield, nonrecommendations for promotion,...
NAVY | BCNR | CY2007 | 06382-07
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. December 1984 to 3 May 1985, which was submitted on the occasion of your separation, states that you were not recommended for advancement or retention due to an increase in your weight physical qualifications. Consequently, when applying for a correction of an official naval record, the...
NAVY | BCNR | CY2009 | 02610-09
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 ali material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. On 29 October 1986, you were counseled for Failure to make progress while on the weight control program. Additionally, with each...
NAVY | BCNR | CY2002 | 02348-02
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. 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. recommended The Board, in its review of your entire record and application, carefully weighed all potentially...
NAVY | BCNR | CY2009 | 09553-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 July 2010. 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. You were not recommended for retention or reenlistment and were assigned an RE-4 reenlistment code.
NAVY | BCNR | CY2002 | 03831-01
The Board found you enlisted in the Marine Corps Reserve on 9 February 1984 at the age of 18. concluded these factors and contention were not sufficient to warrant recharacterization of your discharge or a change of your narrative reason for separation or reenlistment code because of your drug related misconduct and your failure to maintain a satisfactory drilling status. your case, the Board concluded your discharge, narrative reason for separation, and reenlistment code were proper as...
NAVY | BCNR | CY2014 | NR336 14
after careful and conscientious consideration of che entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice. Nevertheless, the Board concluded these factors were not sufficient to warrant relief in your case because of your failure to satisfactorily participate in the Marine Corps Reserve and nonrecommendation for retention or reenlistment. Consequently, when applying for a correction of an official naval...
NAVY | BCNR | CY2010 | 06102-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 March 2011. 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. On 6 May 2010 you were notified of pending separation action by reason of unsatisfactory performance due to the loss of your security clearance.
NAVY | BCNR | CY2009 | 02736-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 January 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2002 | 07316-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 December 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Even though you were recommended for retention, The Board concluded that the discharge by Concerning the nonrecommendation for reenlistment, which equates to an RE-4 reenlistment code, Navy regulations require such...