Search Decisions

Decision Text

NAVY | BCNR | CY2007 | 09010-07
Original file (09010-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O--5100


 TJR
 Docket No: 9010-07
15 January 2008






This is in reference to your application for correction of your naval record pursuant of 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 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 Headquarters, Marine Corps, Performance Evaluation Review Branch dated 28 September 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.



Finally, the Board noted that you are entitled to submit the attached Application for the Review of Discharge or Dismissal from the Armed Forces of the United States (DD Form 293) to the Naval Council of Personnel Boards, attention: Naval Discharge Review Board, 720 Kennon Street, S. E., Room 309, Washington Navy Yard, Washington, DC 20374-5023 for consideration of an upgrade of your discharge and a change in your narrative reason for discharge.
Sincerely,
Enclosures
Executive
2
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


MEMOR ANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj:    BCNR PPLIC ION IN THE~ASE ~ LANCE CORPORAL
~


 End:     (1) Request for Ad m in Sep of 1 Feb 05
 (2)      Request for Admin Discharge of 4 Feb 05
(3)      Request for Admin Discharge of 17 Feb 05
 (4~Dfl Form 149 of 2 Aug 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 was not
 recommended for reenlistment. The reenlistment code was
correctly assigned and was based on his overall record.
2.       was discharged under other than honorable conditions on March 2, 2005 in lieu of trial by court martial A review of his service record indicates that he requested separation in lieu of trial by court-martial on February 1, 2005. a dmitted to being guilty of making a false official statement and adultery. Enclosures (1) through (3) pertain.


3.       After a review of all relevant information, this Headquarters concurs in the professional evaluation of cautions 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

Similar Decisions

  • NAVY | BCNR | CY2006 | 05810-06

    Original file (05810-06.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 29 June 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 | 04180-07

    Original file (04180-07.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. 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. VIRGJN~A 22134-5 03IN RELPY REFER TO: MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF...

  • 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 | 08924-07

    Original file (08924-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 September 2008. 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 25 September 2007, a copy of which is attached.

  • NAVY | BCNR | CY2007 | 05825-07

    Original file (05825-07.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 26 June 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 | 08916-07

    Original file (08916-07.rtf) Auto-classification: Denied

    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. 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 DirectorEnclosure DEPARTMENT OF THE NAVYHEADQUARTERS UNITED STATES MARINE CORPS...

  • NAVY | BCNR | CY2007 | 01384-07

    Original file (01384-07.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. The reenlistment code assigned by the Marine Corps is an administrative marking which reflects the member’s acceptability for reenlistment at the time of separation from the Marine Corps. Enclosure (3) is returned for final action.

  • NAVY | BCNR | CY2009 | 01537-09

    Original file (01537-09.pdf) Auto-classification: Denied

    AB three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 June 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • 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 | CY2005 | 03690-05

    Original file (03690-05.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 9 May 2005, 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...