DEPARTMENT OF THE NAVY
BOARD FOR CORRECTiON OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100-

TRG
Docket NO: 9584-05
22 November 2006

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.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 November 2006. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Docttmentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable ~tatutes, regulations and policies.

After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice.

You enlisted in the Army on 23 July 1968 and served on active duty until you were honorably discharged on 9 May 1975. During this period, you served in Vietnam. Subsequently, you served in the Army National Guard for, more than five years.

On 21 October 1985, you enlisted in the Marine Corps Reserve in the grade of staff sergeant and then served in a satisfactory manner for almost 10 years. A Career Retirement Credit Report in the record shows that as of 22 October 1994, you had completed more than 15 years of qualifying service for reserve retirement purposes. On 2 June 1995, you were promoted to gunnery sergeant.

On 20 August 1995, you reported for a period bf Active Duty for Special Work (ADSW) Subsequently, you were accused of serious sexual harassment from three different woman. On 10 October 1995, you received nonjudicial punishment for multiple specifications of sexual harassment. The r5unish.ment imposed included forfeitures of pay and a punitive letter of reprimand. On 11 October 1995 your ADSW orders were terminated

Based on the foregoing’ offenses, you were processed for an administrative discharge by reason of misconduct. The notification of this processing was sent to your address by certified mail and you never responded. Therefore, you were considered to have waived the right to have your case heard by an administrative discharge board, which would have been your last, opportunity to make a case for retention in the Marine Corps Reserve. After review, the discharge authority directed discharge under other than honorable conditions and you were so discharged on 11 June 1996.

In its review of your application, the Board carefully weighed all potentially mitigating factors, such as your many years of good service and your contention that you were not guilty of the offenses. However, the Board found that these factors and the unsupported contentions of innocence were not sufficient to warrant recharacterization of your discharge given the serious of the offenses for which you received nonjudicial punishment. The Board found that the discharge was proper as issued and no change was warranted.

The Board believes that you are eligible for veterans’ benefits’ based on your honorable service in the Army. ‘Therefore, if you have been denied benefits, you should appeal that denial under procedures established by the Department of Veterans Affairs. It is unclear whether you have, documentation to support such a claim. Therefore, I am enclosing a copy of the last DD Form 214 you received from the Army, which is the only one filed in your Marine Corps record.

Concerning the reenlistment code, regulations require the assignment of an RE-4 reenlistment code when an individual is discharged by reason of misconduct. Since you have been treated no differently than others in your situation, the Board could not find an error or injustice in the assignment of the RE-4 reenlistment code.

As indicated in the enclosed CRCR, you have been credited with more than 15 years of qualifying service for reserve retirement,. Although there is insufficient documentation in the record to establish a qualifying year in the anniversary year which would. have ended on 22 October 1995, it. is clear that you earned some retirement points in that year. Your service record has been carefully reviewed and there are no fitness reports, orders, or any other entries to support your contention that you performed. other periods of ADSW that have not been credited.

Accordingly, your application has been denied. The names and votes of the members of the, panel will be furnished upon request.

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 or other matter not previously considered by the Board. 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,

W. DEAN PFEIFFER
Executive Director