DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5106
BUG
Docket No: 343-11
13 October 2011
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 12 October 2011. 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.
You reenlisted in the Marine Corps on 1 July 1987 after four
years of prior honorable service. On 16 July 1991, your pled
guilty and were convicted at a special court-martial of failure
to turn over to proper authorities, two AK-47 rifles abandoned
by the enemy. On 6 September 1991, at the completion of your
enlistment, you received a general characterization of service
discharge while serving in pay grade E-3, and were assigned an
RE-4 (not recommended for retention) reentry code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, prior
honorable service, and combat deployment. However, the Board
concluded that your discharge and reentry code should not be
changed due to your misconduct and non-recommendation for
retention. The Board noted that you were fortunate to receive
a general characterization of service since Marines who have
committed misconduct such as yours are normally discharged
under other than honorable conditions. You are advised that no
discharge is automatically upgraded due merely to the passage
of time or post service good conduct. 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,
Wie.
W. DEAN PFE
Executive Dilrdec
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