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NAVY | BCNR | CY2006 | 03682-06
Original file (03682-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
                                              WASH NASHINGTON DC


                                                               CRS
                                                      Docket No: 3682-06
                                                       21 September 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 20 September 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. In addition, the Board considered the advisory opinion furnished by Headquarters Marine Corps dated 19 April 2006, 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.
The Board did not consider whether your characterization of service or reason for separation should be changed, since you did not ask for such consideration and you have not exhausted your administrative remedy by applying to the NavaL Discharge Review Board (NDRB). You may apply to NDRB by submitting the attached DD Form 293.
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.

                                                                        W. DEAN PFEIFFER
Executive Director




Enclosures




































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


                                    IN REPLY REFER TO:
                                     1040
                                     MMER/RE
MEMORANDUM FOR THE       EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj BC NR APPLICATION IN THE CASE OF FORMER
          ___      SUBJ RECODE
         En cl :    (1)      NAVMC 118(11)
                  (2)      NAVMC 118(12) of 6 May 02
                  (3)      Admin Sep Proceedings of 10 Jul 02
          (4)      DD Form 149


1 .       record has been reviewed and it has been determined that his reenlistment code of RE-4B was correctly assigned. The reenlistment code was assigned based on his overall record and means that he was not recommended for reenlistment due to in-service drug involvement.
2.       was discharged Under Other Than Honorable Conditions on July 25, 2002 by reason of Misconduct. A review of the administrative portion of his service record indicates that he was counseled concerning illegal drug involvement and being ineligible for promotion. The disciplinary portion of the record shows that he received one nonjudicial punishment under the Uniform Code of Military Justice for wrongful use of marijuana. Enclosures (1) through (3) pertain.
3.       After a review of all relevant information, 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.








4.       Enclosure (4) is returned for final action.




                                                               Head, Performance Evaluation
                                                                Review Branch
          Perso nnel Management Division of the Commandant
 of the Marine Corps

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