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NAVY | BCNR | CY2007 | 02791-07
Original file (02791-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVYANNEX
WASHINGTON DC 20370-5100

                                             JRE
                                                                                           Docket No. 02791-07
                                                                                          7 April 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 3 April 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 11 June 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. In addition, the Board noted that although a medical officer opined on 11 October 2006 that you were not physically qualified for reenlistment on 11 October 2006, the same officer found you physically qualified for separation on 10 November 2006. The Board was not persuaded that your chronic back pain would have precluded your reenlistment, or that rendered you unfit for service by reason of physical disability. Accordingly, and as you have not demonstrated that you were unfit for duty by reason of physical disability, 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
















































































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





                                    IN REPLY REFER TO:
                                                                                                    1040
                                                                                           MMEA
-         11Jun07
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj:    BCNR DOCKET NUMBER 02791-07; REQUEST FOR ADVISORY OPINION IN THE CASE OF FORMER


Ref:     (a) DOD Inst 1332.29
1.       We have carefully reviewed request and the following comments are provided.
2. On 29 June 2006 wa s assigned to the Marine Corps Body Composition Program to not meeting height/weight standards.
3.       On 25 October 2Q06 this headquarters received a reenlistment request from a his chain of command. At the time of his request, he was not qualified for reenlistment due to his assignment to the BCP.
4.       On 5 December 2006, this headquarters authorizedJ1~1ll1$ØIfl~Jflj1 a 7 month extension to be of assistance in allowing him to complete his initial assignment to the BCP and if required; an extension on the BCP to become qualified for reenlistment. On 17 December 2006, declined his authority for a 7 month extension and voluntarily separated from the Marine Corps.

5. Per the reference, a military member that voluntarily separates from the service is not eligible for separations pay. As such and after careful review of record, this headquarters recommends that his request or separations pay be denied.

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