DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 10380-12
3 December 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 29 November 2012. 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.
On 11 August 1990, you reenlisted in the Marine Corps after
serving over seven years of honorable service. The Board found
that you were convicted by two summary courts-martial (SCM) of
assault, disobedience, disrespect, and two specifications of
communicating a threat. Additionally, you were convicted by
civil authorities of making communications in an
annoying/alarming manner. Subsequently, administrative discharge
action was initiated to separate you by reason of misconduct due
to commission of a serious offense. You waived your procedural
ring to an administrative discharge board (ADB). Your commanding
officer forwarded your case recommending separation. On 5 July
2001, you received an other than honorable discharge. At that
time, you were assigned an RE-4 reentry code and not recommended
for reenlistment
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your prior honorable
service. Nevertheless, the Board found that these factors were
not sufficient to warrant changing your reentry code given your
two SCM’s for serious offenses and conviction by civil
authorities. The Board noted that you waived your right to an
ADB, your best chance for retention or a better characterization
of service. Finally, an RE-4 reentry code must be assigned to
all Sailors discharged due to misconduct. 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,
BRIAN J. GEORGE
Head, Discharge Section
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