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NAVY | BCNR | CY2007 | 04541-07
Original file (04541-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


                           TJR
                                                                                          Docket No: 4541-07
                                                                                         
31 October 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 30 October 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 26 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 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, VA 22134.5103 



                                                               IN
REFER TO:

        MMER/RE
JUN 26 2007


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

Subj:    BCNR APPLICATION IN THE CASE OF FORMER PRIVATE FIRST CLASS

En cl :   (1) NAVMC l 1 8(l1)a
(2)      NAVMC 118(11)b
         (3) Referral dtd 13 Aug 75
         ____     Form 149 of 29 Apr 07

1. s ervice 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. discharged on August 25, 1975. A review of the administrative portion of his service record indicates that he was counseled concerning unsatisfactory performance in recruit training and not being recommended for reenlistment. it is noted that evaluated by the medical staff at Parris Island and they concluded he had a character and behavior disorder. The staff recommended~~~ immediately separated from the Marine Corps. Enclosures (1) through (3) pertain.

3. After a review of all relevant information, this Headquarters concurs in the professional evaluation of q a1ifications for reenlistment at the time of 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.





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

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