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NAVY | BCNR | CY2007 | 01706-07
Original file (01706-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O-5100


                           CRS
                                                                                          Docket No: 1706-07
                                                                                          25 February 2008


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 21 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 Headquarters Marine Corps dated 31 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 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.

                                                                        W. DEAN PFEIFFER
 Executive Director

Enclosure


DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 22134-5 03

                                                                                  IN REPLY REFER TO:
                                                                                           1040
                                                                                          MM ER/RE

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS

 Subj:    BCNR APPLICATION IN THE CASE OF
 ______ SUBJ: RECODE      -
End:     (1) NA VM C 118(11)
 (2)      NAVMC 10132 of 13 Apr 04
(3)      Psycholoical Pro9ress Note of 9 Apr 04
 (4) DD Form 149 of 28 Dec 06

         1 service record has been reviewed and it has been deterring          at his reenlistment code of RE- w as correctly assigned. The reenlistment code was assigned based on his overall record and simply means that he failed to complete recruit training.
        

2 L5 separated on April 27, 2004 by reason of entrance and conduct. A review of his service record indicates that he was counseled concerning inability to adapt to the military environment, a personality disorder, and not being recommended for reenlistment. The disciplinary portion of the record shows that he received one nonjudicial punishment under the Uniform Code of Military Justice for offenses that included refusing to obey orders and unauthorized absence. it is also noted that on April 22, 2004 he signed an official service record book entry acknowledging assignment of the RE~3F reenlistment code. Enclosures (1) through (3) 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 (4) is returned for final action.
         



         He a d, Performance Evaluation
Review Branch
 Pe rsonne l Management Division
By direction of the Commandant
of the Marine Corps

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