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NAVY | BCNR | CY2006 | 06164-06
Original file (06164-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECThON OF NAVAL RECORDS
2 NAVY ANNEX
WASHiNGTON DC 20370-5100
                                    CRS
Docket No: 6164-06
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. However, the Board noted that the advisory opinion did not mention that the reason for your discharge was a personality disorder. 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 e4stence 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:
                                                                                           1040
                                                                                          MMER/RE
                                                              JUL 10 2006

 MEMORANDUM FOR THE       EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj:    BCNR APPLICATION IN THE CASE OF FOMER
         SUBJ: RECODE
End:     (1) NAVMC ll8(ll)a
          (2)      NAVMC    ll8(ll)b
         (3)      NAVMC    1l8(ll)c
         (4)      NAVMC    118(ll)d
         (5)      NAVMC    ll8(ll)e
         (6)      Naval Medical Center San Diego Evaluation
          (7) XXXX DD Form 149 of 26 May 05
1.       ‘XXXX service record has been reviewed and it has been determined that at the time of separation he 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.       XXXXX was honorably discharged on May 21, 2003 by reason of personality disorder. A review of his service record indicates that he was counseled concerning making a false statement; not being recommended for promotion; failure tic properly prepare for a scheduled inspection; failure tic meet Marine Corps weight standards; mismanagement of his personal finances; assignment to the weight control program; and losing his Armed Forced Identification Card. was evaluated by the psychiatrists at Naval Medical Center an Diego and was diagnosed with an adjustment disorder with mixed anxiety and depression. He was found unsuitable for military service and recommended for expeditious administrative separation. Enclosures (1) through (6) 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.










Subj:    BCNR APPLICATION IN THE CASE OF FORMER
         SUBJ:    RECODE
4.       Enclosure (7) is returned for final action.


Head, Performance Ev 5~ uation
Review Branch
          Personnel Management Division
 By direction of the Commandant
of the Marine Corps

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