DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 05144-09
21 April 2010
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 31 March 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 on 1 October 2002, and served
without disciplinary incident. You were released from active
duty service on 28 March 2003, with an honorable discharge and an
RE-1A reenlistment code. You were reactivated in the Marine
Corps from 14 July 2004 to 15 March 2005, in support of Operation
Noble Eagle/Enduring Freedom, in which you received an honorable
discharge. Shortly thereafter, you were affiliated with the
Selective Marine Corps Reserve (SMCR). During that period, you
received multiple unsatisfactory performance marks for
nonattendance. Your unit made numerous attempts to contact you
before they started administrative separation proceedings. On 8
November 2005, your unit mailed your administrative separation
package certified to your address on file. Since no response was
made, on 9 December 2005, you were separated with an other than
honorable discharge and an RE-4 reenlistment code by reason of
unsatisfactory participation in the SMCR.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and the passage of time. Nevertheless, the Board
concluded these factors were not sufficient to warrant changing
the characterization of your discharge due to your pattern of
misconduct. Finally, there is no provision of law or in Navy
regulations that allow for recharacterization of service due
solely to the passage of time. 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,
Duc,
W. DEAN PFE
Executive Di
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