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NAVY | BCNR | CY2006 | 06961-06
Original file (06961-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100




                  CRS
                                                                                          Docket No: 6961-06
                                                                                          13 December 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 12 December 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 1 August 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.



                                                                        S i ncerel y



                                    W. DEAN PFEIFFER
                                    Executive Director

                                                                       



Enclosure




















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

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

End:     (1) NAVMC 118 (11)
          (2)      NAVMC    118(11)a
         (3)      NAVMC    118(12)
         (4)      NAVMC    118(12)-a
         (5)      NAVMC    l18(12)b
         (6)      NAVMC    10132
         (7)      DD Form 149 of 20 Nov 05
1.       service record has been reviewed and it has been determined that at the time of separation she was assigned a reenlistment code of RE-4, which means that she was not recommended for reenlistment. The reenlistment code was correctly assigned and was based on her overall record.
2.       was discharged on August 12, 2003. A review of her service record indicates that she was counseled concerning the following deficiencies: frequent minor disciplinary infractions; not being recommended for promotion; and failure to follow orders and regulations. The disciplinary portion of her record shows she received four nonjudicial punishments under the Uniform Code of Military Justice for reasons that include: failure to obey an order; leaving the scene of a vehicle accident; and making a false official statement; enclosures (1) through (6) pertain.
3.       After a review of all ~relevant information this Headquarters concurs in the professional evaluation is 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 (7) 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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