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NAVY | BCNR | CY2009 | 01516-09
Original file (01516-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BAN
Docket No: 01516-09
2 April 2009

 

ee ee Tr Roe

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 25 March 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 18 June 1986, and served
without disciplinary incident. However, on 26 February 1988, you
were counseled on poor judgment and misconduct while on liberty.
Then on 26 September 1988, you were counseled again for underage
drinking on base. Finally, on 30 July 1992, you were counseled
for your involvement with civil authorities for failure to report
a shooting incident involving another Marine, fraternizing with
junior Marines, and unsatisfactory conduct. Therefore, on 31
August 1992, you were separated at the end of your obligated
service with an honorable discharge, but you were not recommended
for reenlistment or promotion. Additionally, you were given 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. Nevertheless, the Board
concluded these factors were not sufficient to warrant changing
your reenlistment code because of your misconduct. 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,

Qa

W. DEAN PF R
Executive D or

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