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Decision Text

NAVY | BCNR | CY2006 | 05181-06
Original file (05181-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51 00

 CRS
 Docket No: 5181-06
1 November 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 1 November 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 6 June 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.
Sincerely,


          W. DEAN PFEIFFER
                  Executive Director




Enclosures
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
         QUANTICO, VIRGINIA 22134-5103  
                                                               IN REPLYREFERTO:
          1040
         MMER/RE

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj:    BCNR APPLICATION IN THE CASE OF FORMER~I~IU~~
 SUBJ:    RECODE
End:     (1) NAVMC 118(12)
 (2) NAVMC ll8(l2)a
(3) NAVMC 118(12)b
 (4) XXXX DD Form 149 of 9 Jul 92

 1. XXXX service 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 record.

 2. XXXX received an other than honorable discharge on July 9, 2002. A review of the disciplinary portion of the record shows that he received three nonjudicial punishment under the Uniform Code of Military’ Justice for unauthorized absences and insubordinate conduct, see enclosures (1) through (3)
3. After a review of all relevant information, this Headquarters concurs in the professional evaluation Or qualifications for reenlistment at the time of separation. Once a code is correctly assigned it is riot 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 View Branch -
 Personnel Management Division
By direction of the Commandant
 of the Marine Corps

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