DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 00750-13
17 October 2013
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 16 October 2013. 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 24 May 1976. The Board found that during the period from
31 March 1977 to 1 May 1981, you received five nonjudicial
punishments (NJP’s) for three periods of unauthorized absence
(UA) totaling six days, sleeping on post, disrespect and wrongful
possession of marijuana. You remained on active duty until you
were honorably discharged on 4 December 1981. At that time, you
were not recommended for retention and assigned an RE-4
reenlistment code based on your conduct.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service and the reason you were not permitted to reenlist.
Nevertheless, the Board concluded these factors were not
sufficient to warrant a change of your reenlistment code. In
this regard, an RE-4 reenlistment code is required when a Marine
is discharged at the expiration of his term of active obligated
service and not recommended for retention. Accordingly, your
application has been denied. With regard to your Certificate of
Release of Discharge from Active Duty (DD Form 214), it was
properly corrected by the Correction to DD Form 214, Certificate
of Release of Discharge from Active Duty (DD Form 215) changing
your characterization of service to honorable.
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,
W. Neen
oO
Executive Dir
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