DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JDR
Docket No: 1359-14
26 March 2015
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
10 March 2015. 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, began a period of active duty
on 17 December 2007, and satisfactorily served without incident
for about three years. On 4 February 2011, you were convicted
by summary court martial of assault. On 10 July 2012, at the
expiration of your enlistment, you were honorably released from
active duty. At that time, you were assigned an RE-3C reentry
code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service and desire to upgrade your reentry code.
The Board also considered your assertion that your summary court
Martial was held inappropriately. Nevertheless, based on the
information currently contained in your record, the Board
concluded these factors were not sufficient to. warrant a change
of your reentry code given your misconduct which resulted in a
summary court martial. In regard to your assertion that the
summary court martial was inappropriately held, be advised that
the Board has no authority to consider allegations of
improprieties at summary courts martial. 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.
Sincerely,
_ ROBERT J. O'NEILL
Executive Director
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