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NAVY | BCNR | CY2006 | 05712-06
Original file (05712-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
                                                      WASHINGTON DC 20370-5100-


                                                      TJR
                                                                                 Docket No: 5712-06
                                                                                 21 November 2006

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 21 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, 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 22 34-5103

                                    REFER TO:
                                                                                                   MM R/RE
                                                                                                    June 26 2006
                                                                                

MEMORANDUM FOR THE       EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj:    BCNR_APPLICATION IN THE CASE OF FORMER
SUBJ: RECODE

End:     (1) NAVMC 118 (11)
 (2) Medical Officer, 31 Area Branch Medical Clinic ltr dtd 21 Mar 01
 -        (3) DD Form 149 of 12 May 06
1. 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 physical! medical standards for reenlistment at the time of separation.
2. honorably discharged on July 17, 2001. He was found not physically qualified for retention due to Patellofemoral Pain Syndrome. Enclosures (1) and (2) pertain.
3. After a review of all relevant information, this Headquarters concurs in the professional evaluation qualifications for reenlistment at the time of sep aration . 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 which 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 (3) is returned for final action.
        -        Head, Performance E va luation
                  Review Branch
                  Perso nnel Manageme n t Division
                  By direction of the Commandant
                   of the Marine Corps

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