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NAVY | BCNR | CY2006 | 00630-06
Original file (00630-06.rtf) Auto-classification: Denied
                           DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
          2 NAVY ANNEX     TRG
          WASHINGTON DC 20370-5100        Docket No: 630 - 06
          17 May 2007





 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 6 March 2007. 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 an advisory opinion furnished by Headquarters Marine Corps, a copy of which is enclosed.
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 REFER TO:
 MM ER/R E


MEMORANDUM FOR THE       EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj:    BCNR APPLICATION IN THE CASE OF FORMER
         SUBJ: RECODE
End:     (1) NAVMC 118(11)
          (2)      NAVMC    118(l1)a
         (3)      NAVMC    118(1l)b
         (4)      NAVMC    118(1l)c
         (5)      NA\JMC    118(11)d
         (6)      NAVMC    118 (ll)e
         (7)      NAVMC    118(12) of 31 Dec 86
         (8)      NAVMC    118(12)
         (9)      NAVI4C   118(12) of 21 May 90
                           ~DD Form 149 of 14 Apr 05

 1.       s ervice record has been reviewed and it has been determined that at the time of separation he was assigned a reenlistment code of RE-4, which means that he was not recommended for reenlistment. The reenlistment code was correctly assigned and was based on his overall service record.
2.       was discharged Under Honorable Conditions (General) on July 20, 1990 by reason of completion of required active service. A review of his service record indicates that he was counseled concerning disobeying a noncommissioned officer; not being recommended for promotion; poor performance; failure to have sufficient funds to pay legal debts; a diagnosed personality disorder with borderline and anti-social features; not being at his appointed place of duty; frequent involvement with military authorities; lack of maturity, judgment and cooperation; and not being recommended for reenlistment. The disciplinary portion of his record shows he received four nonjudicial punishments under the Uniform Code of Military Justice for offenses that included stealing, disobeying lawful orders, and dereliction of duties. It is also noted that on June 20, 1990, signed an official service record book entry acknowledging assignment of the RE-4 reenlistment code. Enclosures (1) through (9) pertain.
3.       After a review of all relevant information, this Headquarters concurs in the professional evaluation of 5 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.






Subj:    BCNR APPLICATION IN THE CASE OF FORME R
SUBJ: RECODE
4.       Enclosure (10) is returned for final action.

Head Performance Evaluation
Review Branch
 Personnel Management Division
 By direction of the Commandant
of the Marine Corps

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