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NAVY | BCNR | CY2006 | 05928-06
Original file (05928-06.rtf) Auto-classification: Denied
                           DEPARTMENT OF THE NAVY
         BOARD FOR CORRECTION OF NAVAL RECORDS
                                     2 NAVY ANNEX
          WASHINGTON DC 20370-5100

                                                      CRS
                                                      Docket No: 5928-06
                                                                                           24 January 2007
This is in reference to your application for correction of your naval r cord pursuant to the provisions of title 10 of the United States ode, section 1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 January 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 dated 3 July 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,


 ROBERT D. ZSA LMAN
 Acting Executive Director
Enclosure






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

                                     IN EPLY REFER TO:
                                                                                                   M MER/RE
                                                                                                   JUL 0 3

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj:    BCNR APPLICATIO N IN THE CASE OF FORMER
         SUBJ: RECODE
          End:     (1) NAVMC, 118(11)
                  (3) DD Form 149 of 12 Feb 06
service record has been reviewed and it has been determined that his reenlistment code of RE-3B was correctly assigned. The reenlistment code was assigned based on his overall record of performance and at the time assigned meant that there was a military or civil record of drug involvement.
was discharged on February 2, 1984. A review of the administrative portion of his service record indicates that he was counseled concerning illegal drug usage. The disciplinary portion of the record shows that he received one nonjudicial punishment under the Uniform Code of Military Justice for wrongful use of marijuana.
3.       After a review of all relevant information, this Headquarters concurs in the professional evaluation o f specifications 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 (3) is returned for final action.






Head, Performance Evaluation
         Review Branch   
Personnel Managemen&4Division
 By direction of the Commandant
of the Marine Corps

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