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NAVY | BCNR | CY2006 | 05415-06
Original file (05415-06.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
2 NAVY ANNEX
WASHINGTON DC 20370-5100
                                                                                SJN
                                                                                 Docket No: 5415-06
                                                                                 8 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 8 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, 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   
                                                      IN REPLY REFER TO:
                           1040
                                                                                          MMER/RE
                                                                                          JUN 15 2006




MEMORANDUM FOR THE       EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

Subj:    BCNR APPLICATION IN THE CASE OF FORMER SERGEANT
        
SUBJ: RECODE

End:     (1) NAVMC 118 (11)
(2) NAVMC 118(11)a
(3) NAVMC 118(11)b
(4) NAVMC 118(11)c
         (5) Mr. XXXX DD Form 149 of 1 Sep 05

1.       Mr. XXXX service record has been reviewed and it has been determined that his reenlistment code of RE-3P was correctly assigned. The reenlistment code was assigned based on his overall record and means that he did not meet the phys½al/ medical standards for reenlistment at the time of separation.

2.       Mr. XXXX was honorably discharged on October 5, 1992 by reason of failure to conform to weight standards. A review of his service record indicates that he was counseled concerning not being recommended for promotion and failure to maintain weight standards. Enclosures (1) through (4) pertain.

3.       After a review of all relevant information, this Headquarters concurs in the professional evaluation of Mr. qualifications 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.       The reenlistment code assigned by the Marine Corps is an administrative marking that reflects the member’s acceptability for reenlistment at the time of separation from the Marine Corps. The code may, however, be waived at the discretion of the acquiring branch of service per their own policies and regulations.

5.       Enclosure (5) is returned for final action.



Head, Performance Evaluation
Review Branch
         Personnel Management Division
By direction of the Commandant
of the Marine Corps

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