DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF N A V A L R E C O R D S
2 N A V Y A N N E X
WASHINGTON D C 2 0 3 7 0 - 5 1 0 0
CRS
Docket No: 3364-03
31 July 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 July 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 15
September 1993. The record reflects that you received two
nonjudicial punishments for absence from your appointed place of
duty on two occasions.
On 23 August 1995 the commanding officer recommended that you be
separated with a general discharge by reason of your inability to
meet and maintain the weight standards of the Marine Corps. When
informed of this recommendation, you elected to waive the right
to submit a statement in response to the discharge action.
Subsequently, you received a third nonjudicial punishment for
wrongful appropriation of a pair of sunglasses and an
unauthorized absence of three days. After review by the
discharge authority, the recommendation for separation was
approved and on 16 February 1996 you received 'a general discharge
by reason of llinvoluntary discharge directed by established
directive^.^^ At that time, you were assigned a reenlistment code
of RE-4.
On 2 November 1998 the Naval Discharge Review Board changed your
discharge to general discharge by reason of weight control
failure.
An advisory opinion from Headquarters Marine Corps dated 14 April
2003 recommends that the Board not change your reenlistment code
of RE-4. A copy of the opinion is attached.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
immaturity. However, the Board concluded that these factors were
not sufficient to warrant recharacterization of your discharge
given your record of three nonjudicial punishments.
The Board also concurred with the comments contained in the
advisory opinion. Since you have been treated no differently
than others in your situation, the Board could not find an error
or injustice in the assignment of your reenlistment code.
Accordingly, your application has been denied. 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,
%
Enclosure
3280 R U S S E L L R O A D
Q U A N T I C O , V I R G I N I A 221 3 4 - 5 103
I N REPLY REFER TO:
DEPARTMENT OF THE NAVY
H E A D Q U A R T E R S U N I T E D S T A T E S M A R I N E C O R P S
Subj: BCNR APPLICATION IN THE CASE OF FORM&-- - SUBJ : &RECODE
EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
1040
MMER/RE
APR 1 4 LOU3
Form 149 of 7 Feb 2003
MEMORANDUM FOR THE
c
i
1. l
has been determined that his reenlistment code of RE-4 was
correctly assigned. The reenlistment code was assigned based
on his overall record and means that he was not recommended for
reenlistment at the time of separation. ,
record has been reviewed and it
e
Encl: (1) -D
discharged Under Honorable Conditions
2. -was
(General) on February 16, 1996 by reason of Involuntary Discharge
- Directed By Established Directive. A review of the adminis-
trative portion of the service record indicates that he was
counseled concerning excess body fat and being overweight,
failure to keep his living space in a satisfactory manner,
improper use of the chain of command, not being recommended for
promotion, weight control failure, and not being recommended for
reenlistment. The disciplinary portion of the record shows that
he received three nonjudicial punishments under the Uniform Code
of Military Justice for offenses which included wrongfully
appropriating a pair of sunglasses, and unauthorized absence.
It is also noted that on.February 16, 1996,
an official service record book entry a c k n o w w n m e n t
of the RE-4 reenlistment code.
signed
3. After a review of all relevant inform
concurs in the professional evaluation of
fications for reenlistment at the time of
code is correctly assigned it is not routinely changed or
upgraded as a result of events that occur after separation or
based merely on the passage of time.
4. The enclosure is returned for final action.
Review Branch
Personnel Management Division
By direction of the Commandant
of the Marine Corps
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