DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 7716-06
6 February 2008
Dear CTR,
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 6 February 2008. 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 advisory /
opinions furnished by the Bureau of Medicine and Surgery dated 23
January 2007, and Headquarters Marine Corps dated 15 March 2007,
copies of which are attached, and your rebuttal thereto.
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 opinions.
Although there are several minor errors in the advisory opinions,
the Board found them to be insignificant. It concluded that you
were properly discharged at the expiration of your obligated
service because of your failure to meet applicable reenlistment
criteria. You were not discharged for cause. The Board also
concluded that as service members do not have a right to
reenlist, there is no basis for granting your request for
reinstatement to active duty.
The phrase “bar to reenlistment” is a term of art used by
officials of the Department of the Army, and is not applicable to
your case. The Board presumed, however, that you wanted it to
assign you a more favorable reentry code than RE-4. It noted
that you received that code because the Commandant of the Marine
Corps (CMC) determined that you would not be permitted to
reenlist. As you have not demonstrated that the denial of your
request for reenlistment is erroneous or unjust, the Board did
not recommend that your reentry code be changed to a more
favorable one.
In view of the foregoing, 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,
Nearer
Executive tor
Enclosure
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