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NAVY | BCNR | CY2007 | 07760-07
Original file (07760-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370~5 100



TJR
Docket No: 7760-07
15 January 2008








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 mb er 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 20 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 co m ments 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.
Enclosure




Sincerely,



W. DEAN PFIEFFER
         Executive Director



































DEPARTMENT OF THE NAVY
         HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VA 22134-51 03       


                           MM
ER/RE
AUG 2 0 2007

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

Sub j      BCNR APPLICATION IN THE CASE OF FORME R S UBJ: RECODE

End:     (1) NA~C 118 (11)
(2)      NAVMC 1l8(ll)b
(3)      NAVMC 118(12)
(4) DD Form 149 of 9 May 07

service record has been reviewed and it has he d etermined that at the time of separation he was assigned a reen listm e n t code of RE~4, which means that he was not reco m mend for reenlistment The reenlistment code was correctly assigned and was based on his overall record.

was honorably discharged on May 3, 1993 by reason of comp1e-~u~ of required active service. A review of his record indicates that he was counseled concerning not bei n g reco mme nded for promotion, lack of maturity, lack of Leadership skills, PFT failure and weight standards. The disciplinary portion of his record shows he received two under the Uniform Code of Military Justice for uttering worthless checks with insufficient funds. (1) through (3) pertain.

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 merely on the passage of time.

4.       Enclosure (4) 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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