DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 475-05
20 October 2005
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 28 September 2005.
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 18 July 2001. The
record reflects that you received two nonjudicial punishments. The
offenses included unauthorized absences totaling 51 days.
On 12 June 2002 the commanding officer recommended that you be separated
with an other than honorable discharge by reason of misconduct due to a
pattern of misconduct. When informed of this recommendation, you elected
to waive the right to present your case to an administrative discharge
board. After review by the discharge authority, the recommendation for
separation was approved and on 19 July 2002 you were discharged with an
other than honorable discharge by reason of misconduct. At that time, you
were assigned a reenlistment code of RE-4.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as the contention that a bad cough
caused your misconduct. However, the Board concluded that these factors
were not sufficient to warrant recharacterization of your discharge, given
your record of unauthorized absences
totaling almost two months. In this regard, the Board noted that you were
the subject of two disciplinary actions within a year. Further, there is no
indication that your bad cough caused an inability to know right from wrong
or adhere to the right, or that it was sufficiently mitigating to warrant
recharacterization.
Applicable regulations require the assignment of an RE-4 reenlistment code
when an individual is discharged due to misconduct. 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,
W. DEAN PFIEFFER
Executive Director
2
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