Search Decisions

Decision Text

NAVY | BCNR | CY2007 | 06703-07
Original file (06703-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
                                                      WASHINGTON DC 2O37O-5100

                                             CRS
                                                                                 Docket No: 6703-07
                                                                                 5 March 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 you~ application on 5 March 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 9 August 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, as your present reentry code of RE-4 is correct, and you have not demonstrated that it would be in the interest of justice for the Board to assign a more favorable code as an exception to policy, there is no basis for changing that code. 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, VIRGINIA 22134-5103


                                             IN REPLY REFER TO:
                                                                                                    1910
                                                                                                    MMSR-3
                                                                                                  9 Aug 07

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


 Subj:    BCNR APPLICATION IN THE CASE OF
SUBJ: REQUEST FOR ADVISORY OPINION
Ref:     (a) Chairman, BCNR ltr CRS:jdh Docket No. 06703-07 of 27 Jul 2007
1.       The reference requests an advisory opinion concerning the characterization of service and reentry code for separation of former at the time of his discharge from the U.S. Marine Corps. -
2.       Based on the available records in former Marine1~,. Official Military Personnel File, he was separated on 12 December 2003 with an “Under Other Than Honorable Conditions” characterization of service and a reentry code of RE-4. The narrative reason for separation was “separation in lieu of trial by court-martial”. Per Paragraph 1004.2.c(3)of MOO P1900.16, when an enlisted Marine serving in pay grade E-4 or above is administratively separated with an other than honorable characterization of service, the Marine shall be administratively reduced to pay grade E-3, with such reduction to become effective upon separation.
3. On 18 November 2003, former Marin e signed a statement requesting that he be administratively separated in lieu of trial by court-martial. He indicated in this statement that he understood the least favorable characterization of service he could receive could be “Under Other Than Honorable Conditions”. Additionally, former Marine As signed that he was satisfied with the advice of his attorney who explained the charges.
4. Based on the above, this Headquarters recommends that former Marine petition not receive favorable consideration.
                           5.       Point of contact is Ms. Bennett at (703) 784-9322.

         Head, Separation and
          Retirement Branch
 By direction of the Commandant
 of the Ma rifle Corps


































2

Similar Decisions

  • NAVY | BCNR | CY2007 | 05825-07

    Original file (05825-07.rtf) Auto-classification: Denied

    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...

  • NAVY | BCNR | CY2007 | 01384-07

    Original file (01384-07.rtf) Auto-classification: Denied

    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. The reenlistment code assigned by the Marine Corps is an administrative marking which reflects the member’s acceptability for reenlistment at the time of separation from the Marine Corps. Enclosure (3) is returned for final action.

  • NAVY | BCNR | CY2007 | 09010-07

    Original file (09010-07.rtf) Auto-classification: Denied

    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 28 September 2007, a copy of which is attached.After careful and conscientious consideration of the entire record, the Board found that the evidence...

  • NAVY | BCNR | CY2006 | 09905-06

    Original file (09905-06.rtf) Auto-classification: Denied

    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 8 June 2006, 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...

  • NAVY | BCNR | CY2007 | 00065-07

    Original file (00065-07.rtf) Auto-classification: Denied

    In addition, the Board considered the advisory opinion furnished by Headquarters Marine Corps dated 2 April 2007, a copy of which is attached, and your rebuttal.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. You requested we provide an advisory opinion on Lance Corporal Martin’s (hereinafter “Applicant”) application, docket #00065-07, to...

  • NAVY | BCNR | CY2007 | 06399-07

    Original file (06399-07.rtf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 May 2008. 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 opinions furnished by CMC memorandums 1920 MMSR-3 of 16 May 2008 and 1050 MPO-40 -of 8 August 2008, a...

  • NAVY | BCNR | CY2006 | 05810-06

    Original file (05810-06.rtf) Auto-classification: Denied

    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 29 June 2006, 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...

  • NAVY | BCNR | CY2007 | 10421-07

    Original file (10421-07.pdf) Auto-classification: Denied

    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 an advisory opinion furnished by Headquarters Marine Corps a copy of which is enclosed. 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.

  • NAVY | BCNR | CY2006 | 02448-06

    Original file (02448-06.rtf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 May 2006. 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. A minimum average conduct mark of 4.0 was required for a fully honorable characterization of service at the time of separation.

  • NAVY | BCNR | CY2007 | 07621-07

    Original file (07621-07.rtf) Auto-classification: Denied

    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 Performance Evaluation Review Branch, 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...