DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TLG
Docket No: 6418-14
14 May 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
8 May 2015. 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 10 June 1993. During the period from 28 January to
13 May 1997, you received counseling regarding your misconduct
and frequent involvement with civil authorities, specifically,
inappropriate conduct, failure to meet financial obligations,
and failure to comply with corrective civilian and military
actions. As a result, you were not recommended for retention or
reenlistment. On 9 June 1997, at the completion of your
required active service, you were honorably discharged and
assigned an RE-4 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 RE-4 reenlistment code.
Nevertheless, the Board found that these factors were not
sufficient to warrant changing your reentry code given your
repeated disciplinary infractions in both the military and
civilian communities. 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
applying for correction of an official naval record, the burden
is on the applicant to demonstrate the existence of the probable
material error or injustice.
Singerely,
ROBERT J. O'NEILL
Executive Director
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