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NAVY | BCNR | CY2006 | 08862-06
Original file (08862-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
                                     BOARD FOR CORRECTION OF NAVAL RECORDS
                                                      2 NAVY ANNEX
                                              WASHINGTON DC 20370-5100

                                             SMW
                                                                                 Docket No: 8862-06
                                                                                          12 July 2007
         


This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, 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 11 July 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 Performance Evaluation Review Branch, 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 regard, 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 VIRGINIA 22134-5103

 REFER TO:
                                                                                                   MMER/RE
                                                                                                    MAY 1 7 2007
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    ll 8 (ll)a
         (3)      NAVMC    l18(ll)b
         (4)      NAVMC    118(11) of 21 Jan 04
         (5)      NAVMC    118(11)
         (6)      NAVMC    10132 of 6 Feb 04
         (7)      NAVMC DD Form 149 of 18 Sep 06
1. service 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.
2.       was honorably discharged on March 26, 2004 by reason of completion of required active service. A review of his service record indicates that he was counseled concerning traveling out of bounds without a out of bounds chit; driving while intoxicated; unauthorized absence; being overweight and/or in excess of allowable body fat standards; not being recommended for promotion; not bringing his identification card to the rifle range to check out his weapon; and not being recommended for reenlistment The disciplinary portion of his record shows he received one nonjudicial punishment under the Uniform Code of Military Justice for offenses that included failing to bring his ID card to the rifle range to check in his rifle, which resulted in him being dropped from the rifle range; being pulled over out in town for not wearing his seatbelt, not having insurance and driving on a suspended license. Enclosures (1) through (6) pertain.







3.       After a review of all relevant information, this Headquarters concurs in the professional evaluation of qualif i cations 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 (7) is returned for final action.



                  Head, Performance Evaluation
                  Review Branch
                  Personnel Management Division                                By direction
                  Commandant
                  of the Marine Corps

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