DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
ES
Docket No: 5859-14
18 June 2015
0: TS TE
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 June 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 and began a period of active
duty on 21 April 1997. On 14 November 2002, you received
nonjudicial punishment (NJP) for absence from your appointed
place of duty, failure to obey an order or regulation and
misbehavior as a sentinel or lookout. On 22 September 2004, you
were convicted by special court-martial (SPCM) of failure to
obey order or regulation on two occasions and adultery.
You remained on active duty until you were honorably discharged
upon completion of your required active service on 2 June 2005.
At that time you were assigned an RE-4 reentry code.
The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your record of service and desire to change your reentry code.
Nevertheless, the Board concluded these factors were not
sufficient to warrant a change in the reentry code. In this
regard, an RE-4 reentry code is authorized when a Marine is
separated at the expiration of their term of active obligated
service and is not recommended for retention. Accordingly, your
application has beef 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.
sitcerely,
RT J. O'NE L
Executive Director
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