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NAVY | BCNR | CY2007 | 08484-07
Original file (08484-07.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

WASHINGTON DC 20370-5100
TRG

Docket No: 8484-07
20 August 2008

 

 

lo your application for correction of your
to the provisions of title 10 of the United

This is in reference {1
naval record pursuant
States Code section 19452.

A three-member panel df the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 12 August 2008. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary malterial 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 constientious consideration of the entire
record, the Board founda that the evidence submitted was
insufficient to establish the existence of probable material

error or injustice.

You enlisted in the Marine Corps Reserve on 22 April 1996 at age
23. Subsequently, you|]completed initial training and otherwise
performed in a satisfa¢tory manner for about a year. During 1997
you missed 16 drills amd a two week annual training period.

On 31 December 1997 yok were notified of separation processing by
reason of unsatisfactory participation in the Marine Corps
Reserve. At that time, you elected to waive your right to
contest the separation |processing. After review, the separation
authority directed disdharge under other than honorable
conditions and you were so discharged on 27 April 1998. At that
time you were not recommended for reenlistment and were assigned

an RE-4 reenlistment cade.

In its review of your application the Board carefully weighed all
potentially mitigating ffactors, such as your youth and the
documentation you submiltted which shows that on 13 September 2004
you received an honorable discharge from the Army National Guard.
The Board found that these factors were not sufficient to warrant
recharacterization of ypur discharge given your deliberate
decision not to complete the requirements of your contract with
the Marine Corps Reserve. The Board concluded that the discharge

was proper as issued and no change is warranted.
Regulations require the assignment of an RE-4 reenlistment code

when an individual is

 

discharged under other than honorable

conditions and when the reason for discharge is unsatisfactory

Grill attendance. Si
than others in your s
or injustice in the a

Accordingly,

your application has been denied.

tuation, the Board could not find an error
signment of the RE-4 reenlistment code.

fu you have been treated no differently

The names and

votes of the members of the panel will be furnished upon request.

You may still be eligible to submit an application to the Naval

Discharge Review Board
complete the enclosed

the indicated address]

It is regretted that
favorable action cann
Board reconsider its

evidence or other matt

In this regard, it is

N.

If you desire such a review, you should

application, DD Form 293, and send it to

t be taken. You are entitled to have the
ecision upon submission of new and material
er not previously considered by the Board.
important to keep in mind that a

ge. circumstances of your case are such that

presumption of regularity attaches to all official records.

Consequently,
record, the burden is
existence of probable

Enclosure

 

when applying for a correction of an official naval

on the applicant to demonstrate the
material error or injustice.

Sincerely,

“TR ANN F

Fe“. Ww. DEAN PFEIFFER
Executive Director

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