DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 04938-11
1 March 2012
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 28 February 2012. 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.
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 and began a period of active
duty on 14 June 1989. The Board found that the record reflects
that on 27 October 1992, you received nonjudicial punishment
(NJP) for assault. On 9 September 1993, you were convicted by
special court-martial (SPCM) of assault. You were sentenced to
30 days restriction, a reduction in paygrade, and 30 days of
hard labor. You remained on active duty until you were
honorably discharged on 20 October 1993. At that time, it
appears you were not recommended for reenlistment and assigned
an RE-4 reentry code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record
of service, and contention that you believe your SPCM was
improper because it occurred after your expiration of
enlistment. Nevertheless, the Board concluded these factors
were not sufficient to warrant removing your SPCM from your
record or changing your RE-4 reentry code given your misconduct
that resulted in one NUP and conviction by SPCM of very serious
offenses. In this regard, you were assigned the appropriate
reentry code based on your circumstances. Concerning your
contention, Marine Corps regulations state that your commanding
officer had the authority to involuntarily extend you on active
duty for the convenience of the government pending the
resolution of legal action. Your SPCM did not occur after your
expiration of enlistment. Your enlistment was extended on
13 May 1993, and upon completion of all legal action, you were
discharged due to the expiration of your enlistment.
Accordingly, your application has been denied.
With regard to corrections to your Certificate of Release or
Discharge from Active Duty (DD Form 214), please be advised that
your request is for an administrative correction which does not
require action by this Board. You should contact Headquarters,
United States Marine Corps, Deputy Chief of Staff for Manpower
and Reserve Affairs (M&RA) Department, Separation Section
(MMER), 3280 Russell Road, Quantico, VA 22134-5103 to request
that an administrative correction be made to your DD Form 214.
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,
Ly DeanSet>
Deans
Executive r or
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