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NAVY | BCNR | CY2006 | 02175-07
Original file (02175-07.rtf) Auto-classification: Denied
                          DEPARTMENT OF THE NAVY
                           BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
          WASHINGTONDC2O37O -5100


                  TRG
                   Docket No.2175-07
                  6 December 2007








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 4 December 2007. 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.
You enlisted in the Marine Corps on 1 September 2001 at age 18. On 5 March 2002 your received nonjudicial punishment for an unauthorized absence of about 74 days. The punishment imposed included restriction, extra duty, forfeitures of pay, and a reduction in grade to private.
On 25 March 2002 you were notified of discharge processing due to your commission of a serious offense (the 74 day period of unauthorized absence) . In connection with this processing, you elected to waive the right to have your case heard by an administrative discharge board. After review, the discharge authority directed discharge under other than honorable conditions and you were so discharged on 6 May 2002. At that time you were not recommended for reenlistment and were assigned an RE-4 reenlistment code.

In your application, you are only requesting that the reenlistment code be changed so that you can enlist in the Army. Regulations require the assignment of an RE-4 reenlistment code when an individual is discharged under other than honorable conditions by reason of 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 the RE-4 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 PFEIFFER
Executive Director

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