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NAVY | BCNR | CY2007 | 01705-07
Original file (01705-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
         WASHINGTON DC 20370-5 100



                  TJR
 Docket No: 1705-07
5 September 2007



This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, United States C o de, Section 1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 September 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 the Headquarters, Marine Corps, Performance Evaluation Review Branch dated 29 January 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. 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.





DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
OUANT!CO, VIRGINIA 22134.5103

                  IN REFER TO:
                                                                                  MMER/RE
                                                      JAN 2 9 2007

 MEMORANDUM FOR THE       EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj:    BCNR APPLICATION IN THE CASE OF FORMER XXX-XX-Q 011; SUBJ: RECODE
End:     (1) NAVMC 118(11) of 6 Dec 99
 (2)      NAVMC 118(11) of 28 Jan 00
(3)      NAVMC 118 (12)
(4)      Admin Sep Proceedings of 24 Jan 00 DD Form 149 of 2 Jan 07
1. Mr    ~ service record has been reviewed and it has been det er mined 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.       Mr.. _____ was discharged on January 28, 2000 by reason of failure to adapt. A review of his service record indicates that he was counseled concerning unauthorized absence, unauthorized body piercing, 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 unauthorized absence and unauthorized body piercing . Enclosures (1) through (4) pertain.
3.       After a review of all relevant information, this Headquarters concurs in the professional evaluation of Mr. 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.




Head Performance Evaluation
Review Branch Pe~onne1 Management Division By direction of the Commandant of the Marine Corps

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