DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100 REC
Docket No: 00243-09
29 October 2009
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 23 September 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 probabie material error or
injustice.
You enlisted in the Marine Corps and were to begin a period of
active duty on 16 April 2006, at age 21. You were to report for
training on 9 April 2006. However, you failed to report and were
placed in an unauthorized absence (UA) status, which continued
until 6 November 2006, when you were apprehended. On 21 December
2006, you were convicted by summary court-martial (SCM) for UA.
You were counseled and warned that further misconduct could
result in administrative discharge action. While UA, you
violated articles ll2a of the Uniform Code of Military Justice
Manual (UCMJ), voluntary admission of wrongful use of marijuana
and methamphetamine, and article 92, by failing to adhere to the
current tattoo policy.’
On 30 May 2007, administrative separation action was initiated by
reason of misconduct due to, a pattern of misconduct and drug use.
You waived your rights to consult counsel, submit a statement or
have your case heard by an administrative discharge board (ADB).
Your commanding officer forwarded his recommendation that you be
discharged under other. than honorable conditions by reason of
misconduct. The discharge authority directed an other than
honorable discharge by reason of misconduct. On 19 July 2007,
you were so discharged, At that time you were assigned an RE-4
reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant changing the
reenlistment code or characterization of your discharge, given
your record of one SCM and other misconduct. In this regard, an
RE-4 reenlistment code is required when an individual is
discharged prior to the expiration of his term of active
obligated service and is not recommended for retention. The
Board also noted that you waived the right to an ADB, your best
opportunity for retention or a better characterization of
service. 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,
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