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NAVY | BCNR | CY2009 | 12049-09
Original file (12049-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX .
WASHINGTON DC 20370-5100
CRS

Docket No: 12049-09
22 February 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 January 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 enlisted in the Marine Corps on 3
February 1979. On 23 May 1980 you received nonjudicial
punishment for an unauthorized absence and disrespect. On 18
July 1980 you were discharged under honorable conditions in
accordance with the provisions of the Expeditious Discharge
Program and assigned a reenlistment code of RE-3C.

The Board found that you did not qualify for an honorable
Gischarge or a change in the reason for discharge because your
conduct mark average was below 4.0. The Board did not accept
your unsubstantiated contention to the effect that the drinking
water in Camp Lejeune, North Carolina, was poisonous and caused
your misconduct.

an RE-3C reenlistment code is the most favorable code authorized
by regulatory guidance for individuals discharged under the
Expeditious Discharge Program. The Board thus concluded that
there is no error or injustice in your reenlistment code.
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,

Ro 8S Fe
ROBERT D.~ZSALMAN

Acting Executive Director

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