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NAVY | BCNR | CY2006 | 07003-06
Original file (07003-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O~5 100
CRS
                                                                                          Docket No: 7003-06
                                                                                          5 September 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 29 August 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.
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.
The Board found that you enlisted in the Marine Corps on 21 August 2000. You were convicted by two summary courts—martial in 2004. Your offenses included an unauthorized absence, failure to go to your appointed place of duty, assault, and pointing a knife at another Marine. On 16 September 2004 you were honorably released from active duty in the rank of lance corporal (LCPL; E-3) and assigned a reentry code of RE-4.
The Board concluded that your two convictions by summary court-martial were sufficient to justify the assignment of the RE-4 reentry code, and that you have not demonstrated that it would be in the interest of justice to assign you a more favorable reentry code.
There is no evidence in your record that you were ever promoted back to corporal (CPL; E-4) after your conviction by summary court-martial and you presented no such evidence. Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.





Your request concerning your DD Form 214 that shows you served in
Kuwait instead of Iraq and that you were awarded the Combat
Action Ribbon should be addressed to the National Personnel
Records Center, 9700 Page Blvd., St. Louis, Mo 63132.
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,

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