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NAVY | BCNR | CY2007 | 06911-07
Original file (06911-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O~51OO

 SMW
 Docket No: 6911-07
18 June 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 18 June 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 opinions furnished by Headquarters Marine Corps, copies of which are 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 opinions. 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
 Enclosures
         DEPARTMENT OF THE NAVY
          HEADQUARTERS UNITED STATES MARINE CORPS
         3280 RUSSELL ROAD
                   QUANTICO, VA 22134-5103
 IN REPLY REFER TO:
 1040
MMER/RE
28 Apr 08

MEMOR ANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NVAL RECORDS

Subj :    BCNR APPLICATION IN THE CASE

End:     (1) SF Form 513 of 22 Jun 90
 (2)      SF Form 600 of 22 Jun 90
(3)      CO, H&S BN 1900/ltr of 10 Aug 90
(4)      CG, MCB Camp Pendleton 1900/ltr of 22 Aug 90
(5)      NavMC 118 (11)
          (6) DD Form 149 of 16 Jul 07
1. .      service 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 is not recommended for reenlistment. The reenlistment code was correctly assigned and was based on his overall record.
2.       ______ was administratively discharged from the U.S. Marine Corps Under Honorable e Conditions (General) on 29 August 1990. A review of service records indicates that he was administratively separated for defective enlistment, specifically fraudulent entry, concealment of preservice [SIC] drug and alcohol dependency.
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 on merely on the passage of time.
4 Enclosure (6) is returned for final action


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













DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
                                             3280 RUSSELL ROAD
          Q U ANTICO, VA 22134-5103 


                                             IN REPLY REFER TO:
                   1910
                                                                                  MMSR-3 12Mar08
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARID FOR CORRECTION
OF NAVAL RECORDS

 Subj BCNR APPLICATION IN THE CASE
         REQUEST FOR ADVISORY OPINION
Ref:     (a) Chairman, BCNR ltr SMW:jdh Docket No. 06911-07 of 28 Feb 2008
1.       The reference requests an advisory opinion concerning the characterization of service and reenlistment code assigned to Mr. at the time of his separation.
2. Available records indicate entered active duty on 22 January 1990. A Report of Medical History was completed and signed by on 12 January 1990, prior to entry. There is no reference in that report to an inpatient hospitalization for alcohol and drug abuse that occurred from 3 October 1985 to 6 November 1985; however, there were references to two other unrelated hospitalizations.

3.       Medical records from an outpatient visit on 22 June 1990 indicate revealed his past history of inpatient treatment for alcohol
 and drug abuse. The base Commander determined that1fLJ~~L should be discharged due to his deliberate concealment of pre-service drug and alcohol dependency. was discharged on 29 August 1990 for Fraudulent Entry with a Separation Program Designator (SPD) code of GDA1, a reenlistment code of RE-4, with a general, under honorable conditions characterization of service. Per Paragraph 6204.3(d) of MCO P1900.l6F, characterization of service for Fraudulent Entry will be either honorable, general, under honorable conditions, or uncharacterized. We recommend request to upgrade his discharge be denied.
4.       We cannot comment on the assignment of his reenlistment code as this would fall under the purview of the Performance Evaluation Review Board.
5.       Point of contact is Ms. at



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

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