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NAVY | BCNR | CY2006 | 06160-06
Original file (06160-06.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: 6160-06
                                                                                           7 September 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 7 September 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 10 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,

W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 22~34-5103

                                                                        IN REPLY REFER TO:
                                                                                          1040
                                                                                          MMER/RE
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) NAV7IY[C 10132
          (3) XXXX DD Form 149 of 20 May 05
1.       XXXXX service record has been reviewed and it has been determined that his reenlistment code of RE—3F was correctly assigned. The reenlistment code was assigned based on his overall record and simply means that he failed to complete recruit training.
2. XXXXX was separated on November 17, 2004 by reason of Entry Level Performance and Conduct. A review of his service record indicates that he was counseled concerning his disciplinary infraction. The disciplinary portion of his record shows he received one nonjudicial punishment under the Uniform Code of Military Justice for failure to obey an order and wrongful use of a controlled substance. Enclosures (1) and (2) 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 (3) 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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