DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 7349-06
27 September 2006
This is in reference to your application for correction of your
TTY ~
naval record pursuant to the provisions of Litie 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 27 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 15 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 advisory opinion.
The Board additionally noted that in February 1996, a family
advocacy case review committee stated that you had been involved
in an incident of spouse abuse and, even though your wife was
considered the primary offender, you were referred for counseling
and anger management. 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,
Enclosure
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 22134-5103 'N REPLY REFER TO:
1040
MMER/RE
WYN 3 5 2086
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
x
Subj: pe oe LON aM fue CASE we FORM
Encl: (1) NAVMC 118(11)
(2) NAVMC 118(11)b
(3) NAVMC 118(12) of 16 Jan 92
( 4p i ai We Ss DD Form 149 of 20 Sep 05
ssP Service record has been | reviewed and
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.
oe wee was honorably discharged on May 18, 1997
‘by reason Sr olentary release. A review of his service record
indicates that he was counseled concerning unsatisfactory
pe x formance, being eligible but not recommended for promotion,
d being denied further service. The disciplinary portion of
nis record shows he received one nonjudicial punishment under the
Uniform Code of Military Justice for stealing a car tire. It is
also noted that on April 29, 1997 eRe ins Wiese signed an
official service record book entry acknowledging assignment of
the RE-4 reenlistment code. Enclosures (1) through (3) pertain.
3. After a review of all relevant information, this Headquarters
concurs in the professional evaluation of mK il as,
qualifications for reenlistment at the time of separation.
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.
“Once
4. Enclosure (4) is returned for final action.
Review Branch
rsonnel Managemen ivision
rot e Commandant
of the Marine Corps
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