DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 6276-14
31 July 2015
Dear
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, 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
8 July 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 28 November 2006. You served for 11 months without
disciplinary incident, but on 22 October 2007, you received
nonjudicial punishment (NJP) for disrespect toward a
noncommissioned officer and failure to obey a lawful regulation.
On 23 January 2009, you again received NUP for failure to obey a
lawful order and drunken or reckless operation of a vehicle with
blood alcohol content (BAC) of .12%. The sentence imposed was
reduction in paygrade to E-2, a forfeiture of pay, restriction
and extra duty. On 27 August 2011, while serving in paygrade
E-4, you were honorably released from active duty at the
completion of your required service. You were assigned an RE-2C
reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to change your reenlistment code and reenlist.
Nevertheless, the Board concluded these factors were not
sufficient to warrant a change in your reenlistment code given
your misconduct, which resulted in a reduction of your paygrade
from E-3 to E-2. The Board further concluded that the foregoing
was sufficient to support the assignment of an RE-2C
reenlistment code. In this regard, the reenlistment code
assigned by the Marine Corps is not binding upon the other
services, which are free to accept or reject an application on
the basis of their own standards. If another branch of service
decides to waive your reenlistment code and accept you for
enlistment, the Marine Corps will not object. 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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