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NAVY | BCNR | CY2006 | 05803-06
Original file (05803-06.rtf) Auto-classification: Denied
                                             DEPARTMENT OF THE NAVY
                   BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51 00

 CRS
 Docket No: 5803-06
1 November 2006

This is in reference to your application for correction of your naval record pursuant to the provision of the title 10 of the United States Code, section 1552.
A three-member panel of the Board of Correction of Naval Records, sitting in executive session, considered your application on 1 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 dated 30 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.




                  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
                                                                        MMER/RE


 MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj:    BCNR APPLICATION IN THE CASE OF
         SUBJ: RECODE
End:     (1) NAVMC 118(11)
 (2) NAVMC 118 (12)
 (3) Commanding General, 1st Marine Division, FMF,
Camp Pendleton ltr dtd ‘12 Sep 88
 (4) XXXX DD Form 149 of 8 Mar 06

 1. XXXXXX service record has been reviewed and it has been determined that the time of separation fie 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. XXXXXX received an under other than honorable conditions discharge on September 16, 1988 in lieu of trial by court-martial. A review of his service record indicates that he was counseled concerning the following deficiencies: failure to be at his appointed place to pay of duty; failure to just debts; failure to be in proper uniform; and disobedience of a lawful order. The disciplinary portion of record show he received one nonjudicial punishment under the Uniform Code of Military Justice for unauthorized absence Enclosures (10 through (3) pertain.
3.       After a review of all relevant information, this Headquarters concurs in the professional evaluation of 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.       Enclosure (4) 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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