DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 SMW
Docket No: 5209-06
4 October 2006
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 4 October 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 Performance
Evaluation Review Branch, 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 regard, the Board especially noted
the counseling entry of 16 April 2004. Therefore, 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.
Sincerely,
Enclosure
(1) Advisory Opinion
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 22134-5103 IN REPLY REFER TO:
1040
ER/RE
08 2006
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
fr
Subj: BCNR APPLICATION IN THE CASE OF FORMER
a HE SUBT: RECODE
Encl; (1) NAVMC 118(11l)a
(2) NAVMC 118(11)b
(3) NAVMC 118(11)d of 20 Aug 03
(4) NAVMC 118(11)e of 16 Apr 04
(5) nee OD Form 149 of 12 Dec 05
1. 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. Wiiime was honorably discharged on December 10, 2004 by
reason of non retention on active duty. A review of his service
record indicates that he was counseled concerning failure to
operate a privately owned vehicle in a safe manner; not being
recommended for promotion; unprofessional conduct; inability to
perform multiple activities inherent to a Marine; failure to make
satisfactory progress while assigned to weight control; financial
irresponsibility; insubordinate conduct toward a noncommissioned
ofticer; and unauthorized absence. Enclosures (1) through (4)
pertain.
3. After a review of all relevant information, this Headquarters
concurs in the professional evaluation of@]_Res qualifi-
cations 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 (5) is returned for final action.
yf A
snaeae, = : od /. af
ly?” TERRY
\ Head, Performance Evalyation
\geview Branch f
Pe nel Management’ Division
By direction of the Commandant
of the Marine Corps
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