DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 7959-06
26 March 2010
i.
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 17 March 2010. The names and votes of the members
of the panel will be furnished upon request. 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.
Bfter 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 reenlisted in the Marine Corps on 2 October 2002 and served
without disciplinary incident until 21 September 2004, when you
received nonjudicial punishment (NUP) for graft, by accepting
money not to enter individuals on the duty roster. On 15 July
- 2005, charges were referred against you for trial by a special
court-martial (SPCM), for four instances of failure to obey an
order, two instances of making false official statements and four
instances of indecent acts. On 15 August 2005, you submitted a
written request for an other than honorable (OTH) discharge in
order to avoid trial by court-martial. Prior to submitting this
reguest you conferred with a qualified military lawyer at which
time you were advised of your rights and warned of the probable
adverse consequences of accepting such a discharge. On 17 August
2005 your request was granted and the commanding officer was
directed to issue you an OTH discharge. As a result of this
action, you were spared the stigma of a court-martial conviction
and the potential penaities of a punitive discharge and
confinement at hard labor. As a result of this action on
2 November 2005 you were discharged under OTH conditions.
At that time, you were assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application
carefully weighed all potentially mitigating factors, such as
your youth, prior honorable service, and desire to change your
reenlistment code. Nevertheless, the Board concluded these
factors were not sufficient to warrant changing your reenlistment
code given the seriousness or your misconduct
which resulted in NJP and request for discharge. The Board
believed that considerable clemency was extended to you when your
request for discharge to avoid trial by court-martial was
approved. The Board concluded that you received the benefit of
your bargain with the Navy when your request for discharge was
granted and should not be permitted to change it now. Finally,
an RE-4 reenlistment code must be assigned to all Marines
discharged due to misconduct. Accordingly, your application has
been denied.
The Board found that you may be entitled to veterans’ benefits
for your first period of honorable service. You may contact your
local Department of Veterans Affairs to make that determination.
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,
Nas
W. DEAN P
Executive
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