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NAVY | BCNR | CY2007 | 07734-07
Original file (07734-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O-5100



 TJR
 Docket No: 7734-07
15 January 2008





Dear
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-me mber panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 January 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 the Head qu arters, Marine Corps, Performance Evaluation Review Branch dated 22 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 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 P FEIFFER
Executive Director





Enclosure























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



IN REPLY REFER TO
1040
 MMER/RE
 AUG 22 2007


MEMORAN DUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj:    BCNR APPLICATION IN THE CASE OF
 SUBJ: RECODE
En cl :    (1) NAC llB(ll)a
 (2) NAVMC 10132 of 5 Aug 02
 (3) DD Form 149 of Ii Jul 07
service record has be re viewe d an that his reenlistment code of RE~3C was con cc c assigned. the reenl istment code was based on 0~s overall record of performance and means that he was not eligible for reenlistment at the time of separation and the disqualifying factor is not covered by another reenlistment code.
was honorably discharged on July 31, 2003 by reason of completion of required active service A review of the administrative portion of his service record indicates that he was counseled concerning not being recommended for promotion due to negative involvement with civilian authoritities The disciplinary portion of the record shows that he received one nonjudicial punishment under the Uniform Code of Military Justice for unauthorized absence. Enclosures (1) and (2) pertain
3.       After a review of all relevant information, this Headquarte r concurs in the professional evaluation qu alifications 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.       Enclosures (3) is returned for final action.

Colonel, u.s. Marine Corps
Head, Performance Evaluation
Review Branch
Personnel Management Division
By direction of the Commandant
of the Marine Corps

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