Search Decisions

Decision Text

NAVY | BCNR | CY2007 | 07621-07
Original file (07621-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
                                                      WASHINGTON DC 20370-5100

                                             SMW
                                                                                 Docket No: 7621-07
                                                                                 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 14 May 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 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 establish the existence of probable material error or injustice. In this regard, the Board substantially concurred with the comments contained in the advisory opinion, but noted that you were administratively separated by reason of misconduct due to drug abuse (board required but waived) 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 221 34-5103


                                    IN REPLY REFER TO:
                                                                                           1040
                                                                                           MM ER / RE 28 Apr 08
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NVAI~ RECORDS
Subj:    BCNR APPLICATION IN THE CASE OF FORMER
SUBJ: RE-CODE

 End:     (1) CG, FSSG l910/itr of 24 May 96
 (3)      CO, CSSG—1 1910/ltr of 29 Apr 96
(4)      NavMC 1118 (12)
 (5)      NavMC 118 (11)
          (6) DD Form 149 of 13 Aug 07
         
1.        s ervice record has been reviewed and it has been determined that his reenlistment code was correctly assigned and was based on his overall record. At the time of separation he was assigned a reenlistment code of RE-4B, which is assigned when there is a military or civil record of in-service illegal drug involvement, and there is no potential for further service -
2.       was administratively discharged from the U. S . Marine Corps Under Other Than Honorable Conditions on 7 June 1996. A review of service records indicates that he was administratively separate for misconduct, specifically Drug abuse (with board) . Also of note, the disciplinary portion of record shows that he received one nonjudicial punishment on 13 March 1996 for violating article ll2a of the Uniform Code of Military Justice. Lastly, received a counseling entry informing him that he was not recommended for promotion to Corporal due to testing positive for drugs.
3.       After a review of all relevant information, this Headquarters concurs in the professional evaluation of q ualifications for reenlistment at the time of separation, acknowledges that reenlistment code assigned and characterization o service given to him at the time of separation to be correct. Mr. Dodd is misinformed and his attention is invited to paragraph 4103.1, MCO Pl040.3lJ which will clear up his misunderstanding. 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



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

Similar Decisions

  • NAVY | BCNR | CY2006 | 08064-06

    Original file (08064-06.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 31 August 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 | 06911-07

    Original file (06911-07.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. 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 actionHead, Performance Evaluation Review Branch Personnel Management Division By the...

  • NAVY | BCNR | CY2007 | 04541-07

    Original file (04541-07.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 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...

  • 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 | 00587-07

    Original file (00587-07.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYBOARD FOR CORRECTION OF NAVAL RECORDS2 NAVY ANNEXWASHINGTON DC 20370-5100 CRSDocket No: 587-0720 March 2007This 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 28 February 2007. The Board also considered the advisory opinion from Headquarters...

  • NAVY | BCNR | CY2007 | 09032-07

    Original file (09032-07.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 20 March 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 | 05447-07

    Original file (05447-07.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 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...

  • NAVY | BCNR | CY2008 | 01921-08

    Original file (01921-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 April 2008. After careful and conscientious consideration of the entire record, and notwithstanding the advisory opinion, the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to...

  • NAVY | BCNR | CY2007 | 01705-07

    Original file (01705-07.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5 100TJRDocket No: 1705-07 5 September 2007This 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 5 September 2007. In addition, the Board considered the advisory opinion...

  • NAVY | BCNR | CY2007 | 01706-07

    Original file (01706-07.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 dated 31 January 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...