DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG
WASHINGTON DC 20370-5100 Docket No: 9014-07
29 October 2008
This ig 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 October 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.
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 13 October 1998 at age 18.
On 6 April 2000 you received nonjudicial punishment for two
instances of failure to go to your appointed place of duty. In
July 2000 you were convicted by a summary court-martial of an
unauthorized absence of about 37 days. The sentence of the court
included restriction, forfeiture of pay and a reduction to
paygrade E-1. In addition you were counseled concerning a two
day period of unauthorized absence and not being recommended for
promotion. You were released from active duty on 18 November
2002 with your service characterized as being under honorable
conditions. This means that you should have been issued a
general discharge at the end of your military obligation,
however, you were erroneously issued an honorable discharge
certificate. At the time of your release from active duty you
were assigned an RE-4 reenlistment code which means that you were
not recommended for reenlistment.
Characterization of service is based, in part, on conduct ana
proficiency averages which are based on marks assigned during
periodic evaluations. your conduct mark average was 3.0 and a
4.0 average is required for a fully honorable characterization of
service.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and contention
in effect that you were improperly evaluated and your average
mark in conduct should have been higher. The Board found that
these factors and contention were not sufficient to warrant
recharacterization of your service on release from active duty
given your disciplinary record and failure to achieve the
required average mark in conduct. The Board concluded that the
characterization of service on release from active duty was
proper and no change is warranted. The Board also concluded that
the same factors which resulted in your separation under
honorable conditions were sufficient to support the assignment of
an 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,
\s |
W. DEAN P
Executive Di
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