DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 10901-09
15 July 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 13 July 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. The Board found that you entered active
duty in the Marine Corps on 15 October 1991. You reenlisted
for two years on 29 August 2007. On 30 June 2009, you received
an adverse fitness report documenting an incident of domestic
violence. On 13 July 2009, you were counseled regarding
willfully disobeying a lawful order from a commissioned officer
not go to your base quarters. On 28 September 2009, you
received an honorable discharge and were assigned an RE-3C
reenlistment code (Commandant of the Marine authority required
for reenlistment).
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your many years of
honorable service, character reference letters, and desire to
reenlist or be eligible for retirement. However, the Board
concluded that you should not be allowed to reenlist or retire
because of your domestic violence issues. In view of the
above, 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,
Lou
W. DEAN PF
Executive Di r
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