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NAVY | BCNR | CY2007 | 05447-07
Original file (05447-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37Q~5IOO



 SMW
Docket No: 5447-07
17 December 2007






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 12 December 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 Headquarters United States Marine Corps, 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
                                             2 280 RUSSELL ROAD
 QUANTICO, VA 22134-5103        


                                                                                          MMER/RE
                                                                                           JUN 11 2007
         

MENORANDIJM FOR THE      EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
         
         Subj: BCNR APPLICATION IN THE CASE OF    ______
 SUBJ RECODE
Encl :    (1) NA VM C 118(11)
          (2) NAVMC 10132         dtd 24 Apr 04
          (3) NAVMC 10132  dtd 10 Sep 04
         (4) DD Form 149 of 10 Jul 06
1.       service record has been reviewed and it has beer determined that at the time of separation he was assigned a reen li stment 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. received a General Under Honorable Conditions discharge on July 4, 2007. A review of the administrative portion of his service record indicates that he was counseled concerning failure to be at the appointed place of duty and not b ein g recommended for promotion. The disciplinary portion of the record shows that he received two Battalion level nonjudicial puni shm ent under the Uniform Code of Military Justice for reasons to include: unauthorized absence; failure to obey an order; and disobeying a superior officer. Enclosures (1) through (3) pertain.
3.       After a review of all relevant information, this Headquarters concurs in the professional evaluation 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.

H ead, Performance Evaluation
         Review Branch  
By direction of the Commandant
of the Marine Corps

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