DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 00133-09
13 April 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 2 April 2009. 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps on 8 October 1987, and served
without disciplinary incident until 17 May 1989, when you
received a nonjudicial punishment for disobeying a lawful order.
However, from 28 April to 21 July 1989, you were counseled on
various occasions for lack of initiative, lack of effort for
physical training, unacceptable hygiene, and driving with a
revoked license.
Shortly thereafter, on 14 November 1990, you were counseled again
for uttering bad checks, and on 17 January 1991, for lack of
initiative. Upon the end of your obligated service, you were not
recommended for reenlistment due to your substandard performance
and misconduct. Therefore, on 9 October 1991, you were separated
with a general discharge and an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and the passage of time. However, the Board concluded
these factors were not sufficient to warrant a change to your
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,
NAVY | BCNR | CY2009 | 03279-09
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