DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 0021-14
17 November 2014
Dear CT
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.
Although your application was not filed in a timely manner, the
Board found it in the interest of justice to waive the statute of
limitations and consider your application on its merits. A
three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
4 November 2014 The names and vectes 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.
Aftér 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 3 November 1993. During the period from On September
1994. to 20 January 1995, you received two nonjudicial punishments
(NJPs) for two instances of disobedience, failing to go to your
appointed place-of duty, and making a false official statement.
Additionally, on three occasions, you were counseled regarding
your conduct and behavior, and warned that further misconduct
could result in administrative discharge action. On
28 February 1995, you were convicted by summary court-martial
(SCM) of failing to go to your appointed place: of duty,
destroying government property, and breaking restriction.
Subsequently, administrative discharge action was initiated by
reason of misconduct due to a pattern of misconduct. You waived
your rights to consult counsel, submit a statement, or have your
case heard by an administrative discharge board (ADB). Your case
was forwarded recommending that you be discharged under other
than honorable (OTH) conditions by reason of misconduct. The
separation authority concurred and directed an OTH discharge by
reason of misconduct. You were so discharged on 31 March 1995.
At that time, you were assigned an RE-4 (not recommended for
reenlistment) reentry code.
The Board, in its review of. your record and application,
carefully weighed all potentially mitigating factors, such as
your record of service, post service accomplishments, letters of
recommendation, and desire to upgrade your discharge.
Nevertheless, based on the information currently contained in
your record, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge or
changing your reentry code given your two NJPs and SCM
conviction. An RE-4 reentry code is required when a Marine is
discharged due to misconduct and is not recommended for
retention. Finally, the Board noted that you waived the right to
an ADB, your best chance for retention or a better
characterization of service. Accordingly, your application has
been denied.
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 within one year from the date of the Board’s decision.
New evidence is evidence not previously considered by the Board
prior to making its decision in your case. 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.
Sine ly,
ROBERT J. O'NEILL
Executive Director
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