D E P A R T M E N T OF THE NAVY
B O A R D F O R C O R R E C T I O N O F N A V A L R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
BJG
Docket No: 579-0 1
1 1 April 2002
Dear Private First
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.
You requested that your reenlistment code be changed from "RE-3" to "RE-1" (the Marine
Corps has neither code). It is noted that the Commandant of the Marine Corps (CMC) has
changed your reenlistment code to RE-3C (when directed by CMC or when not eligible and
disqualifying factor is not covered by any other code). It is understood that you are
requesting the RE- 1 A (recommended and eligible) code.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 11 April 2002. 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. In addition, the Board
considered the advisory opinion from Headquarters Marine Corps, (la t ell 14 Janlmry 2002, a
copy of which is attached.
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. In this connection, the Board substantially concurred with the comments contained
in the advisory opinion. They found that your disciplinary record made your amended
reenlistment code proper, even though you are correct in asserting you were not "kicked out"
of the Marine Corps (you were voluntarily released from active duty on your completion of
required active service). In view of the above, your application for relief beyond that
effected by CMC 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
Enclosure
D E P A R T M E N T O F T H E N A V Y
H E A D Q U A R T E R S U N I T E D S T A T E S M A R I N E C O R P S
3 2 8 0 R U S S E L L R O A D
Q U A N T I C O , V I R G I N I A 2 2 1 3 4 - 5 1 0 3
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj: BCNR APPLICATION IN THE CASE 0
1. -was
honorably discharged on October 16, 2000 by
reason of Completion of Required Active Service. At the time
of separation, he was mistakenly given a reenlistment code of
e was no letter designator assigned with the RE-3.
s service record has been reviewed and it has been
that he should have been assigned 6 reenlistment
code of RE-3C, which indicates that he was not eligible for
reenlistment and the disqualifying factor is not covered by
another code. A review o
that he received one Summary Court-Martial and one nonjudicial
punishment under the Uniform Code of Military Justice for
offenses which included dereliction of duty, negligent
supervision of a refueling truck, making a false statement,
damaging United States military property, and failure to obey
a lawful order.
service record shows
2. The appropriate correction to-
being made and will be forwarded to him under separate
correspondence.
DD Form 214 is
Head, Performance Evaluation
Review Branch
Personnel Management Division
By direction of the Commandant
of the Marine Corps
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