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NAVY | BCNR | CY2006 | 05178-06
Original file (05178-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTiON OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O-51 00


CRS
                                                                                Docket No: 5178-06
                                                                                          23 October 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 11 October 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 the letter furnished by Headquarters Marine Corps (HQMC) dated 25 September 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.
The Board found that you enlisted in the Marine Corps on 3 January 2001. On 14 June 2002 you were convicted by a summary court-martial of an unauthorized absence of 48 days. On 2 July 2002 your commanding officer recommended that you be separated with a discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense. When informed of the recommendation, you elected to waive the right to present your case to an administrative discharge board. After review by the discharge authority, the recommendation for separation was approved and you were discharged on 29 August 2002 with a discharge under other than honorable conditions and were assigned a reentry code of RE-4.
In its review of your application the Board carefully noted your desire to enlist in the Army, but concluded that it is insufficient to warrant recharacterization of your discharge, given the seriousness of your offense. The Board substantially concurred with the comments contained in the HQMC letter concerning your reentry code. Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.

Your request concerning the correction of your DD Form 214 and your service in the Marine Corps Reserve is an administrative matter which should be addressed to the National Personnel Records Center, 9700 Page Blvd., St. Louis, MO 63132.
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 Di rector

Enclosure

























DEPARTMENT OF THE NAVY
HEADQUARTERS United ST~.TES Marine CORPS
                                             3280 RU59ELL ROAD
 QU ANTI CO V I RG I NIA 22134-        
                          
IN REPLY REFER TO:
 1040
 MMER/R E
                                                                                          SEP 2 5 2003




This is in reply to your inquiry of January 10, 2003 regarding Lbs assignment of your reenlistment code.
Your service record has been reviewed and it has been determined that your reenlistment code of R E —4 was correctly assigned. Your reenlistment code was assigned based on your overall record and means that you were not recommended for reenlistment at the time of separation. Your record indicates that you were discharged Under Other Than Honorable Conditions on August 29, 2002 by reason of Misconduct. A review of the administrative portion of your service record indicates that you were counseled concerning being absent from duty, and not being recommend3d for promotion. The disciplinary portion of the record shows that you received one Summary Court-Martial under the Uniform Code of Military Justice ~ unauthorized absence. It is also noted that on August 6, 2002 you signed an official service record book entry acknowledging assignment of the RE-4 reenlistment code, After a review of all relevant information, this Headquarters concurs in the professional evaluation of your qualifications for reenlistment at the time of separation. Once ~ 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.

If you are not satisfied with the determination made concerning the assignment of your reenlistment code, you have the right to petition the Board for Correction of Naval Records to conduct an addi ti onal review. This may be done by submitting the enclosed Application for Correction of Military Record (PD Form 149) to the Chairman, Board for Correction of Naval Records, Department of the Navy, Washington, DC 20370~5100. It is necessary that a copy of this letter be attached to your application.
I regret that a more favorable response is not possible; however, I trust this satisfactorily answers your inquiry.




Sincerely,



Head, Performance Ev aluation
Review Branch
Personnel Management Division
By direction of the Commandant
of the Marine Corps
E n cl
 (1) PD Form 149

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