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NAVY | BCNR | CY2006 | 06976-06
Original file (06976-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


                  CRS
                                                                                          Docket No: 6976-06
                                                                                          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.
Sincerely




W. DEAN PFEIFFER
Executive Director


Enclosure

































DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
                                                      QUANTICO. VIROLNIA 221 34-5103



                                             REFER TO:
                                                                                                             MMER/ RE
                                                                                                             AUG 01 2006


         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)      NAVMC 118 (11)a
(3)      NAVMC 118 (12)
(4)      DD Form 149 of 14 Feb 06
1.       se rvice record has been reviewed and it has been determined that his reenlistment code of RE-3C was correctly assigned. The reenlistment code was assigned based on his overall record of performance and means that he was not eligible for reenlistment at the time of separation and the disqualifying factor is not covered by another reenlistment code.
2.       was discharged on November 1, 2002. A review of the administrative portion of his service record indicates that he was counseled concerning illegal use of a controlled substance and unauthorized absence. The disciplinary portion of the record shows he received two nonjudicial punishments under the Uniform Code of Military Justice for illegal use of Cocaine and unauthorized absence. It is noted that on October 9, 2002 Mr. signed an official service book record entry acknowledging the assignment of an RE-3C reenlistment code; enclosures (1) through (3) 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.       Enclosures (4) is returned for final action.
         -~      






Head, Performance Evaluation Re vie w Branch Personnel Management Di~1s ion By direction of the Commandant of the Marine Corps

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