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NAVY | BCNR | CY2006 | 05349-06
Original file (05349-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100




TJR
Docket No: 5349-06
20 March 2007







This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, 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 March 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, 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 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,

W. DEAN PFEIFFER
          Executive Director





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


I N REPLY REFER TO:
 1040
 M MER/RE
                                                                                           JUN 14 2006    



MEMORANDUM FOR THE       EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj:    BCNR APPLICATION IN THE CASE OF FORMER LANCE CORPORAL
          BJ: RECODE

 En cl :    (1) NAVMC 118(11)
          (2) DD Form 149 of 21 Jul 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-A, which means that he was not recommended for reenlistment. The reenlistment code was correctly assigned and was based on his overall record.
2.       received an under honorable conditions discharge (General) by reason of Personality Disorder. A review of his service record indicates that he was counseled concerning not being eligible for reenlistment. It is also noted he signed an official service record book entry acknowledging assignment of the RE~-4 reenlistment code due to a Personality Disorder. Enclosure (1) pertains.
3.       After a review of all relevant information, this Headquarters concurs in the professional evaluation of spe c ifica tions 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 (2) is returned for final action.





Head, Performance Evaluation
Review Branch
Personnel Management Division
of the Command of the M arine Corps

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