DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 697-
03
5 March 2003
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.
A three—member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 5 March
2003. 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 furnished by Headquarters Marine Corps dated 27
January 2003, 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. 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
Enclosure
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 22134-5103
IN REPLY REFER TO:
1040
MMER/RE
JAN 2 72003
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj: BCNR APPLICATION IN THE CASE OF FORMER LANCE CORPORAL
Encl: (1) Mr. DD Form 149 of 27 Nov 2002
1. Mr. service record has been reviewed and it
has been determined that his reenlistment code of RE—3P was correctly
assigned. The reenlistment code was assigned based on his overall
record and means that he did not meet the physical! medical standards
for reenlistment at the time of separation.
2. Mr. was discharged on August 15, 1999 by reason of
Disability. A review of his service record indicates that he was
counseled concerning wrongful distribution of a prescription
medication, failure to follow proper safety procedures while performing
duties as a motor vehicle operator, and failure to pay just debts. The
disciplinary portion of the record shows that he received one
nonjudicial punishment under the Uniform Code of Military Justice for
distributing a prescription medication to other service members. A
Physical Evaluation Board found Mr. unfit for duty due to Left L5!Sl
Radiculopathy Left L5!S1 Disc Bulge and Narrowing of the L5/S1
Interspace.
3. After a review of all relevant information, this Headquarters
concurs in the professional evaluation of Mr. qualifications for
reenlistment at the time of separation. Once a code 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.
4. The enclosure is returned for final action.
Performance Evaluation
Review Branch
Personnel Management Division
By direction of the Commandant
of the Marine Corps
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