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Decision Text

NAVY | BCNR | CY2006 | 06155-06
Original file (06155-06.rtf) Auto-classification: Denied
                                             DEPARTMENT OF THE NAVY
 BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 JRE
Docket No. 06155-06
11 May 2007

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 10 May 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. In addition, it considered an advisory opinion provided by officials of Headquarters, U.S. Marine Corps, dated 14 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. In addition, the Board noted you received the most favorable reentry code authorized for a Marine discharged because of a personality disorder. In addition, it concluded that a code of RE-4 would have been appropriate, given your history of suicidal ideation.
In view of the foregoing, 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




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

End:     (1) Copy of Medical Record dtd 28 Mar 00 DD Form 149 of 20 Jan 05
1 .        service record has been reviewed and it has been determined that her reenlistment code of RE-3P was correctly assigned. The reenlistment code was assigned based on her overall record and means that she did not meet the physica l medical standards for reenlistment at the time of separation.

2.       was honorably discharged on April 20, 2000 by reason of Personality Disorder. Specifically it was determined that she had an adjustment disorder and depressive mood. Enclosure (1) pertains.
3.       After a review of all relevant information, this Headquarters concurs in the professional evaluation spe c ific ations 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 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 (2) is returned for final action.




Head, Performance Evaluation
Review Branch
          P ersonnel Manage r Division
          By Marines o f the Commandant
 of the Marine Corps

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