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NAVY | BCNR | CY2007 | 08916-07
Original file (08916-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 RDZ : ecb
 Docket No. 08916-07
19 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 your application on 18 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 evidence 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, from Headquarters Marine Corps dated 25 September 2007, a copy of which is attached.
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. In this connection, 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 PFEIFFER
Executive Director


Enclosure
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VA 22134.5103 



         I N REPLY REFER TO:
                                    1040
                                                                                                    MM ER/RE
 SEP 25 2007
MEM ORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
         
         Subj BCN R APPLICA TION CASE OF FORMER
         SUBJ RECODE
End:     (1) NA VmC 118(11) of 29 Aug 05
 (2)      NAVMC 118(11) of 6 Oct 05
(3)      Division Psychjatrj 5~ ltr of 26 Aug 05
 (4) DD Form 149 of 14 Jun 07
1.       record has been reviewed and it has been determined that at the time of separation he was ass igne d a reenlistment code of RE-4, which means that he was not recommended for reenlistment The reenlistment code was correctly assigned and was based on his overall record.
2.                         honorably discharged on October 6, 2005 by reason of Personality disorder A review of his service record indicates that he was Counseled concerning being diagnosed with a Psychiatric conduct and not being recommended for reenlistment ~ diagnosed with Antisocial Personality Disorder by ~he division psychjatr~ 5~ at 2d Marine Division it was determined that the condition existed prior to his enlistment in the Marine Corps and would likely continue beyond discharge. Enclosures (1) through (3) pertain.
3.       After a review of all relevant information, this Headquar~e~ 5 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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