DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
CRS
Docket No:
1 February 2002
5472-01
Dear
i
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 24 January 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Marine Corps on 6
October 1981 at age 18.
five nonjudicial punishments and were convicted by a summary
court-martial.
two days, absence from your appointed place of duty on nine
occasions, disrespect on two occasions,
on three occasions,
The offenses included an unauthorized absence of
The record reflects that you received
and missing movement.
failure to obey a lawful
On 27 April 1984 the commanding officer recommended that you be
separated with an other than honorable discharge due to a pattern
of misconduct.
When informed of the recommendation, you elected
to waive the right to present your case to an administrative
discharge board.
recommendation for separation was approved and you were
discharged with an other than honorable discharge on 30 May 1984.
At that time you were assigned a reenlistment code of RE-4.
After review by the discharge authority, the
In its review of your application the Board carefully weighed all
potentially mitigating factors,
such as your youth and immaturity
and good postservice conduct.
these factors were not sufficient to warrant recharacterization
of your discharge, given the six disciplinary actions.
Therefore, the Board concluded that no change to the discharge is
warrantesd.
However, the Board concluded that
Applicable regulations require the assignment of an RE-4
reenlistment code when an individual is discharged due to
misconduct.
others in your situation,
injustice in the assignment of your reenlistment code.
Since you have been treated no differently than
the Board could not find an error or
The names and
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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
copy to:
Veterans of Foreign Wars
2
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factors were not sufficient to warrant recharacterization of your discharge, given your record of numerous counseling entries. 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. 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.
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 February 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Applicable regulations require the assignment of an RE-4 reenlistment code when an individual is discharged due to misconduct. Consequently, when applying for a correction of an official naval record, the burden is on...
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 May 2009. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your medical and naval records, 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...
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 October 2008. 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...