DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 07528-09
27 May 2010
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 26 May 2010. 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 and began a period of active
duty on 14 February 1972, at age 17. On 10 May 1973, you
received nonjudicial punishment (NJP) for being in an
unauthorized absence (UA) status. On 7 June 1973, you received
NIP for failure to go to an appointed placed of duty. On
28 June 1973, you received NUP for failure to obey a lawful
order. On 13 July 1973, you were convicted at a summary court-~-
martial (SCM) for being UA. You were sentenced to forfeitures of
$204, and confinement at hard labor for 15 days. During the
period from 16 October to 13 December 1973, you were UA on
numerous occasions which totaled 54 days. On 4 January 1974, you
submitted a request for a good of the service discharge to avoid
trial by court-martial for the UA periods. Prior to submitting
this request for discharge, you conferred with a qualified
military lawyer, were advised of your rights, and warned of the
probable adverse consequences of accepting such a discharge.
Your commanding officer forwarded his recommendation that you be
discharged under other than honorable conditions by reason of
misconduct. Your request for discharge was granted and on
28 January 1974, you received an other than honorable discharge
for the good of the service in lieu of trial by court-martial.
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, conduct,
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 three NJP’s and conviction by one SCM. 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 for misconduct and is not recommended for
retention. 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,
\OwenS
W. DEAN PFE
Executive D xr
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