DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:ecbh
Docket No. 07213-09
9 December 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 panei of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on § December 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 that the’ evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Marine Corps on 5 June 1997 for a term of
four years. On 8 July 1998 you were counseled and warned about
your repeated deficiencies in performance and conduct.
Unfortunately you failed to correct your behavior.
Specifically, between August 1988 and May 1999 you received one
nonjudicial punishment and two summary court-martial
convictions. Your offenses were failure to be at your appointed
place of duty, two periods of unauthorized absence and failure
to obey a commissioned officer’s lawful order. When you were
informed that you were being recommended for an other than
honorable discharge (OTH) due to your disciplinary record you
waived your right to appear before an administrative discharge
board where you would be represented by a military attorney and
you could have requested retention or a better discharge.
Instead you chose to accept an OTH and you were so discharged on
29 September 2009,
The Board concluded that in view of your frequent military
offenses as well as your willingness to accept an OTH rather
than try to serve out your enlistment your discharge was proper
as issued and should not be changed now as a matter of clemency.
With respect to your reenlistment code Marine Corps regulations
require the assignment of RE-4 when a Marine is discharged for
misconduct as you were. Therefore the Board concurred with the
comments and recommendations set forth in the attached advisory
opinion from Headquarters Marine Corps.
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,
loXbnd
W. DEAN PF
Executive tar
Enclosure
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