DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS -
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 1729-07
21 February 2008
This is in reference to your application for correction. of your
naval récord pursuant Eo Che provistTons SOF title TO 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 21 February 2008. 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. In addition, the Board considered the advisory
opinion furnished by Headquarters Marine Corps dated 31 January
2007, a copy of which is attached.
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. In this connection the Board substantially
concurred with the comments contained in the advisory opinion.
The Board noted, however, that although the advisory opinion
States that you were discharged by reason of minor disciplinary
infractions, the Naval Discharge Review Board changed the reason
for separation to a pattern of misconduct on 3 July 1995. That
change had no effect on your reentry code, because a code of RE-4
is required for each of those bases for separation. 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.
Enclosure
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