DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0 TRG
Docket No: 1399-01
24 October 2001
Dear
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.
considered your application on
Your allegations of error and injustice were
A three-member panel of the Board for Correction of Naval Records,
sitting in executive session,
23 October 2001.
reviewed in accordance with administrative regulations and
procedures applicable to the proceedings of this Board.
material considered by the Board consisted of your application,
together with all material submitted in support thereof, your naval
record and applicable statutes,
addition, the Board considered the advisory opinions furnished by
Headquarters Marine Corps,
copies of which are enclosed. In
addition, the Board considered your rebuttal to the advisory
opinions dated 20 June 2001.
Documentary
regulations and policies. In
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.
As indicated, the record shows that you received nonjudicial
punishment for driving on a suspended license.
multiple adverse counseling entries.
if you had been retained, you probably would not be promoted to
staff sergeant with such a record and would be denied reenlistment
when you reach the length of service limitations as a sergeant.
Board concluded that the adverse matter in your record was
sufficient to support the decision to deny your reenlistment.
Therefore, the Board substantially concurred with the comments
contained in the advisory opinion.
You also received
The Board believed that even
The
Accordingly, your application has been denied.
of the members of the panel will be furnished upon request.
The names and votes
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
DEPARTMENT OF THE NAV
Y
HEADQUARTERS UNITED STATES MARINE CORPS
~~~ORUSSELLROAD
QUANTICO. VIRGINIA
22 134-5 103
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
CASE OF FORMER SERGEANT
service record has been reviewed and it-has
been determined that his reenlistment code of RE-4 was correctly
assigned.
overall record and means that he was not recommended for
reenlistment at the time of separation.
The reenlistment code was assigned based on his
A review of the
applicants/poolees,
was honorably discharged on February 11, 2001 by
2. Mr.
reason of Nonretention on Active Duty.
administrative portion of his service record indicates that he
was counseled concerning conduct and interaction with female
potential
maturity and integrity,
numerous at fault accidents with government vehicles, and not
exhibiting the professional discipline, work ethic, attention to
detail, and initiative expected of a noncommissioned officer.
The disciplinary portion of his record shows that he received one
nonjudicial punishment under the Uniform Code of Military Justice
for disobeying a lawful order.
driving with a suspended license,
unprofessional conduct, lack of
After a review of all relevant information, this Headquarters
3.
concurs in the professional evaluation of Mr.
cations for reenlistment at the time of separation.
is correctly assigned it is not routinely changed or upgraded as
a result of events that occur after separation or based merely on
the passage of time.
qualifi-
Once a code
fjerformance Evaluation
Head,
Review Branch
Personnel Management Division
By direction of the Commandant
of the Marine Corps
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