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NAVY | BCNR | CY2006 | 06663-06
Original file (06663-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                             2 NAVY ANNEX
                                                       WASHINGTON DC 2O37O -5100


                                                                                          C RS
 Docket No: 6663-06
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 letter furnished by Headquarters Marine Corps (HQMC) dated 14 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 HQMC letter. However, the Board noted that you were discharged as a sergeant even though the letter stated that you were a lance corporal. 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   


MMER/RE





This is in reply to your inquiry of February 10, 2006 regarding t he assignment of your reenlistment code.
Your service record has been reviewed and it has been determined that your reenlistment code of RE-3C was correctly assigned. Your reenlistment code was assigned based on your overall record o f [ performance while on active duty and means that you were not eligible for reenlistment at the time of separation and the disqua1fying factor is not covered by another reenlistment code. Your record indicates that you were honorably discharged on January 2, 2003 by reason of Non Retention on Active Duty. The administrative portion of your service record indicates that you were counseled concerning sexual harassment; poor personal performance; failure to adapt; personality disorder; not being recommended for reenlistment; and acute patella femoral syndrome and iliotibial hand syndrome which interfered with the effective performance of your duties. The disciplinary portion of your record shows that you received two nonjudicial punishments under the Uniform Code of Military Justice for offenses that ‘included unauthorized absence; failure to obey a lawful order; fraternizing with a Lance Corporal; sexually harassing said Lance Corporal; maltreating said Lance Corporal; assaulting said Lance Corporal; and drunk and disorderly conduct. It is also noted that on December 9, 2002 you signed an official service record book entry acknowledging assignment of the RE-3C reenlistment code. After a review of all relevant information, this Headquarters concurs in the professional evaluation of your 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.

If you disagree with the justification and rationale for this determination, you are advised that you have the right to petition the Board for Correction of naval Records (BCNR) to conduct: an additional review. This may be done by submitting the enclosed Application for Correction of Military Record (DD





Form 149) to the Chairman, Board for Correction of Naval Records, Department of the Navy, Washington, DC 20370-5100. To demonstrate to BCNR that you have exhausted all available administrative remedies, it is necessary that a copy of this letter be attached to your application.
I regret that a more favorable response is not possible; however, I trust this satisfactorily answers your inquiry.
Sincerely,
        

         Head, Performance Ev al uation
         Review Branch
         P ersonne1 Management Division
         By direction of the Commandant
         of the Marine Corps

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