DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 5385-07
31 January 2008
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 January 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, advisory opinion, and applicable
statutes, regulations, and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
On 24 August 1998, you enlisted in the Marine Corps at age 25.
On 31 August 1999, you had nonjudicial punishment (NJP) for two
instances of disrespect, failure to obey a lawful order, and
making a false official statement. You were also counseled
regarding driving under the influence that occurred on
4 July 1999, at Atlantic Beach, and warned that further
infractions could result in disciplinary action or administrative
separation. On 28 October 1999, suspended punishment from the NJP
was vacated due to unspecified misconduct. On 7 October 2001,
you had NUP for failure to obey a lawful order. On
4 December 2001, you were counseled for being a liberty risk
while on deployment and disobedience of a lawful order, and
warned that further infractions could result in disciplinary
action or administrative separation. On 4 December 2001, you
were counseled again for disobedience of a lawful order and not
telling the truth to a commissioned officer, and warned that
further infractions could result in disciplinary action or
administrative separation. On 21 January and 23 February 2003,
you had NJP again for unspecified offenses.
Based upon the information currently contained in your record, it
appears that your commanding officer subsequently initiated
discreditable involvement. In connection with this processing,
you would have acknowledged that separation could result in an
other than honorable (OTH) discharge and been given an
opportunity to have your case heard by an administrative
discharge board (ADB). The record shows that you waived the
right to have your case heard by an ADB. Apparently, the
separation authority approved the separation recommendation and
directed an OTH discharge by reason of misconduct due to frequent
discreditable involvement. On 7 May 2003, you were separated
with an OTH discharge by reason of misconduct due to frequent
discreditable involvement and assigned an RE-4 reenlistment code.
Regulations authorize assignment of an RE-4 reenlistment code to
members who are separated due to misconduct, especially with an
OTH characterization of service. Given your misconduct that
resulted in four NUJP's and 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.
The Board noted that conflicting DD Form 214's are currently
contained in your naval record. Therefore, additional research
of historical records was conducted by Headquarters Marine Corps,
which verified that you were issued an OTH discharge on
7 May 2003. Your naval record will be forwarded to Headquarters
Marine Corps for administrative correction, specifically,
of the erroneous DD Form 214.
Sincerely,
W. DEAN PFE
Executive D
removal
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