Search Decisions

Decision Text

NAVY | BCNR | CY2007 | 01384-07
Original file (01384-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



 JRE
 Docket No. 01384-07
12 February 2008


Dear
This is in inference to your application for correction of your naval record pursuant to the provisions to 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 7 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 the advisory opinion furnished by Commandant of the Marine Corps dated 7 May 2007, 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 warranting the assignment of a reentry code of RE-i.. In this connection, the Board substantially concurred with the comments contained in the advisory opinion. It concluded, however, that a code of RE-3C or RE-4 would have been more appropriate, given your refusal to extend your period of service, and because it appears that you were physically qualified on the date of your discharge. In any event, it would not be appropriate to correct your record in such a manner that you would be able to enlist without being required to obtain a waiver. Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.
If you want the Board to correct your record to show that you were assigned a reentry code of RE-3C or RE-4 in lieu of the RE3p, you should submit a new application.
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













































DEPARTMENT OF THE NAVY
I-IEADQUARTERS UNITED STATES MARINE COR~5
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 22134-5103

                           

                           IN REP LY REFER TO:
                                                                                           M MER/RE
                                                                                           MAY 0 7 2007


MEMORANDU M FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj:    BCNR APPLICATION IN THE CASE OF FORMER PRIVATE FIRST CLASS
 SUBJ:    RECODE
En cl :    (1) NAVMC 118(11) of 17 Jul 03
 (2)      MCRD1900/l7 of 15 Jul 03
(3)      DD Form 149 of 1 Feb 07
1 service record has been reviewed and it has been determined that his reenlistment code of RE-3P was correctly assigned. The reenlistment code was assigned based on his overall record and means that he did not meet the physician , medical standards for reenlistment at the time of separation.
2.       was discharged on July 23, 2003 to attend school. A r evie w o f his service record indicates that he was a 92 day reservist dropped to Medical Rehabilitation Platoon for tendonitis in his right knee did not want to return to a training company because it would have made him late for his college classes. Enclosures (1) and (2) 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.       The reenlistment code assigned by the Marine Corps is an administrative marking which reflects the member’s acceptability for reenlistment at the time of separation from the Marine Corps. The code may, however, be waived at the discretion of the acquiring branch of service per their own policies and regulations.
5.       Enclosure (3) is returned for final action.

Similar Decisions

  • NAVY | BCNR | CY2007 | 07734-07

    Original file (07734-07.rtf) Auto-classification: Denied

    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 15 January 2008. 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...

  • NAVY | BCNR | CY2005 | 03690-05

    Original file (03690-05.rtf) Auto-classification: Denied

    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 9 May 2005, 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...

  • NAVY | BCNR | CY2007 | 05209-07

    Original file (05209-07.rtf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that his naval record be corrected to show that he was retired by reason of physical disability.2. In correspondence attached as enclosure (2), the Director, Secretary of the Navy Council of Review Board’s recommends that the Board grant Petitioner’s request.CONCLUSION:Upon review and consideration of all the evidence of record, and...

  • NAVY | BCNR | CY2007 | 04367-07

    Original file (04367-07.rtf) Auto-classification: Denied

    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 United States Marine Corps (MMER), 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...

  • NAVY | BCNR | CY2006 | 05351-06

    Original file (05351-06.rtf) Auto-classification: Denied

    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 12 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...

  • NAVY | BCNR | CY2003 | 06336-03

    Original file (06336-03.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your Your allegations of error and application on 10 September 2003. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. In addition, the Board considered the advisory opinion furnished by Headquarters Marine Corps dated 18 July 2003, a copy of which...

  • NAVY | BCNR | CY2006 | 06976-06

    Original file (06976-06.rtf) Auto-classification: Denied

    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 1 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...

  • NAVY | BCNR | CY2006 | 07561-06

    Original file (07561-06.rtf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session considered your application on 1 November 2006. 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. XXXXX service record has been reviewed and it has been determined that his reenlistment code of RE-3C was correctly assigned.

  • NAVY | BCNR | CY2003 | 03070-03

    Original file (03070-03.pdf) Auto-classification: Denied

    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. V I R G I N I A 22 134-5 103 ly VgbY REFER TO: MMER/RE R M E W 0 7 2003 Subj: BCNR APPLICATION IN THE CASE OF F O NAVAL RECORDS MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 1. - service record has been reviewed and it has been determined that his reenlistment code of RE-3C...

  • NAVY | BCNR | CY2003 | 05745-03

    Original file (05745-03.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 August 2003. 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...