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NAVY | BCNR | CY2006 | 08096-06
Original file (08096-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
                                                                                          Docket No: 8096-06
                                                                                          1 November 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 31 October 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 31 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 Di rector





         Enclosure




















DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 22134-5103

                                                                                                   MMER/RE
                                                                                                   AUG 31 2006

MEMORANDUM FOR THE       EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Sub j:


En cl :    (1) NAVMC 118 (1l)a
          (2)      NAVMC    1l8(ll)b
         (3)      NAVMC    118(12)
         (4)      NAVMC    118(l2)a
         (5)      Mr. Trulls UD Form 149 of 10 Jul 06
~ record has been reviewed and it has been determined that at the time of separation he was 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.
~         was discharged under honorable conditions (general) on October 23, 1992 by reason of misconduct - minor disciplinary infractions. A review of the administrative portion of his record indicates that he was counseled concerning being unable to manage his money and pay lawful debts; lack of discipline; and failure to conform to the rules and regulations of the Marine Corps. The disciplinary portion of his record shows he received three nonjudicial punishments under the Uniform Code of Military Justice for offenses that included willfully disobeying an order from a noncommissioned officer; disobeying a direct order from a commissioned officer; and unauthorized absence. Enclosures (1) through (4) 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.       Enclosure (5) is returned for final action.

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