DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 6502-08
24 September 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 17 September 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.
The Board found that you served on active duty in the Marine
Corps from 16 July 2001 to 7 December 2007, when you were
discharged under other than honorable conditions pursuant to your
request for discharge for the good of the service in lieu of
trial by court-martial. The request for discharge was not
available to the Board; however, your application indicates that
you were charged with fraternization, adultery and forcible
sodomy. You were assigned a reentry code of RE-4, as required by
governing directives.
As your present reentry code is correct, and you have not
demonstrated that it would be in the interest of justice for the
Board to assign a more favorable code as an exception to policy,
there is no basis for granting your request.
In your application, you also requested that the date of your
discharge be changed to 10 December 2007 since that is the date
you contend that you were discharged. Since the evidence clearly
shows that you were discharged on 7 December 2007, the Board
concluded that you were properly discharged on that date.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
The Board did not consider whether your characterization of
service or reason for separation should be changed, since you
have not exhausted your administrative remedies by applying to
the Naval Discharge Review Board (NDRB). You may apply to NDRB
by submitting the attached DD Form 293.
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,
Executive
Enclosure
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