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NAVY | BCNR | CY2006 | 02448-06
Original file (02448-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
 WASHINGTON DC 20370-5100       

         CRS
 Docket No: 2448-06
5 Nay 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 3 May 2006. 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. The Board also considered the advisory opinion ~rom Headquarters Marine Corps dated 7 March 2006, 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.

The Board found that you enlisted iii the Marine Corps on 3 June 1997. The record reflects that you received three nonjudicial punishments and were convicted by special court-martial. The offenses included failure to obey a lawful order, willful disobedience of a lawful order and absence from your appointed place of duty. Subsequently, on 11 January 2002 you received an under honorable conditioiis separation and were transferred to the Marine Corps Reserve. At that time, you were assigned a reenlistment code of RE-4.

Character of service is based, in part, on one’s conduct and proficiency averages, both of which are computed from marks assigned during periodic evaluations. Your conduct and proficiency averages were 3.3 and 4.0, respectively. A minimum average conduct mark of 4.0 was required for a fully honorable characterization of service at the time of separation.

In its review of your application the Board carefully weighed all



potentially mitigating factors, such as your youth. However, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge given the four disciplinary actions as well as the fact that your conduct average was insufficiently high to warrant a fully honorable discharge. The Board also concurred with the comments contained in the advisory opinion. 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 your reenlistment code.

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 PFIEFFER
Executive Director






Enclosure























2
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
 3280 RUSSELL ROAD
          QUANTICO, VIRGINIA 22134-5103   


                 IN REPLY REFER TO:
                   1040
                   NJY4ER/RE
                  MAR 07 2006



 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)a
 (2) NAVMC 118(11)b
 (3) NAVMC 118 (11)c
(4) NAVMC 118(11) of 17 Nov 00
 (5) NAVMC 118(11) of 9 Jan 02
(6) NAVMC 118(12) of 14 Dec 98
(7) NAVMC 118(12)
(8) NAVMC 118(12) of 20 Apr 01
(9) NAVMC 118 (13)
(10)    DD Form 149 of 17 May 05

 1. service record has been reviewed and it hasbeen determined that at the time of separation he
was assigneda 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.
2.       - was discharged Under Honorable Conditions (General) on January 11, 2002 by reason of completion of required active service. A review of his service record indicates that he was counseled concerning disobeying a lawful order; lack of responsibility; poor conduct; being absent from his unit; lack of integrity and dependability; not maintaining the minimum physical standards; being belligerant and speaking in a threatening manner toward a staff noncommissioned officer (SNCO) and not being recommended for promotion. The disciplinary portion of his record shows he received one Special Court-Martial and three nonjudicial punishments under the Uniform Code of Military Justice for offenses that include disobeying a lawful order, unauthorized absence and disobeying the order of a SNCO. Enclosures (1) through (9) pertain.
3.After a review of all relevant i nformation, this, Headquarters concurs in the professional evaluation of 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 FORMER
SUBJ:    RECO DE
4.       Enclosure (10) is returned for final action.





Head, Performance Ev luation
Review Branch
Personnel Manageme nt Division
By direction of the Commandant
of the Marine Corps

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