DEPARTMENT OF THE NAVY
B O A R D FOR C O R R E C T I O N O F N A V A L RECORDS
2 N A V Y ANNEX
W A S H I N G T O N DC 2 0 3 7 0 - 5 1 0 0
FC
Docket No: 10413-02
12 May 2003
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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 30 April 2003. 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 all material submitted in
support thereof, your naval record and applicable statutes,
regulations and policies.
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 26 May
1993 at age 21. On 27 February 1996 you extended your enlistment
for 17 months. On 24 October 1998 you reenlisted. On 6 July
2001 you reenlisted again.
In January 2002, you graduated from recruiting school. On 5'
February 2002, you were interviewed by your officer-in-charge
(OIC) after you made a suicidal statement to a prospective
recruit. At that counseling session, you advised the OIC th.at
you did not mean to make that statement and that you would
att'empt to do your job. On 5 March 2002 you were counseled
concerning your refusal to perform duties as a recruiter. On 13
March 2002 you were counseled again on this issue.
On 19 April 2002 you were charged with willfully disobeying
lawful orders to perform your job as a recruiter. On 20 May 2002
you requested administrative separation in lieu of trial by court
martial. Prior to submitting this request, you conferred with a
qualified military lawyer at which time you were advised of your
rights and warned of the probable adverse consequences of
accepting such a discharge. On 30 May 2002 the commanding
officer forwarded your request for discharge recommending
approval with a characterization of service as other than
honorable. On 4 June 2002 the staff judge advocate concurred
with the commanding officer's recommendation. On 6 June 2002 the
separation authority approved your request and directed that you
be reduced to paygrade E-3 and separated with an ,>ther than
honorable discharge for the good of the service. On 25 June
2002, you were so discharged. At that time, you were assigned a
reenlistment code of RE-4.
On 7 November 2002, the Commandant of the Marine Corps (CMC) made
a determination that your reenlistment code was properly
assigned.
In its review of your case, The Board carefully weighed all
potentially mitigating factors, such as your overall excellent
record, and your desire to serve again. However, given your
request for administrative discharge in lieu of trial by court
martial, the Board concluded that these factors were not
sufficient to warrant a change in your reenlistment code. In
this regard, assignment of that code is required when an
individual is discharged in lieu of trial. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.
The Board did not consider whether the characterization of
service or reason for your separation should be changed, since
you did not ask for such consideration and you have not
exhausted your administrative remedy by applying to the Naval
Discharge and Review Board (NDRB). You may apply to NDRB by
submitting the attached DD Form 293.
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
Enclosure
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