DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 01729-09
23 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 23 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 9 March 1999, and served
without disciplinary incident until 14 January 2004, when you
were convicted at a special court-martial for destruction of
government property, destruction of personal property, driving
under the influence of alcohol, and disorderly conduct.
Shortly thereafter, on 19 March 2004, you were separated at the
end of your required active duty service and received an
honorable discharge. However, you received an RE-4 reenlistment
code due to your misconduct and not being recommended for
retention.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and belief that enough time has elapsed to warrant
upgrading your RE-4 reenlistment code. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your reenlistment code because of the
seriousness of your misconduct. Further, there is no provision in
the law or regulations that allows for recharacterization of a
reenlistment code due solely to the passage of time.
Furthermore, the Board believed that considerable clemency was
extended to you when you received an honorable discharge.
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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