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NAVY | BCNR | CY2006 | 05205-06
Original file (05205-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC

Docket No: 5205-06
1 March 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 28 February 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 advisory opinion furnished by Headquarters Marine Corps dated 8 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.
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.





Enclosure








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

         IN REPLY REFER TO:
                            1040
                                                                                           MMER\RA



MEMORANDUM FOR THE       EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj:    CASE OF FORMER SUBJ: RECODE
End:     (1) NAVMC 118(11)
          (3)      DD Form 149 of 24 Feb 06

 service 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 in-service drug involvement.
2.       i s discharged under other than honorable conditions January 3, 2004 by reason of misconduct. A review of the administrative portion of his service record indicates that he was counseled concerning illegal drug involvement . 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) and (2) pertain.
3.       After a review of all relevant information, this Headquarters concurs in the professional evaluation of qualifications for reenlistment at the time N O 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 (3) is returned for final action.





. TERRY
          H ead, Performance Ev aluation
          Revie w Branch
 Personnel Management Division
By direction of the Commandant
of the Marine Corps

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