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NAVY | BCNR | CY2007 | 09483-07
Original file (09483-07.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: 9483-07
10 June 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-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 June 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, Personnel Management Division dated 9 October 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 PFIEFFER
Executive Director
 Enclosure
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
         QUANTICO, VA 221 34-5103        
                 
                                                      N REPLY REFER TO:
                                     1040
                                                                                                    M MER/RE
                                                                                                    09 OCT 2007

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

Subj:    BCNR APPLICATION IN THE CASE OF FORMER
 S UBJ RECODE
End:     (1) NAVMC 118(11)
          (2)      NAVMC ll8(11)a
         (3)      NAVMC 118(11)b
         (4)      NAVMC l 1J 12) of 25 Feb 95
 (5) DD Form 149 of 17 Jul 07
1.       se rvice 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. as honorably discharged on July 26, 1996 by reason of no retention on active duty. A review of his service record indicates that he was counseled concerning an inability to conform to military regulations, consistent poor judgment, inability to control his emotions, unauthorized absence and not being recommended for reenlistment. The disciplinary portion of his record shows he received one nonjudicial punishment under the Uniform Code of Military Justice for offenses that included operating a motor vehicle while under the influence of alcohol and operating a motor vehicle without a valid drivers license. Enclosures (1) through (4) pertain.
3. After a review of all relevant information, this Headquarters concurs with the professional evaluation of qualification for reenlistment at the time of separation. Once a code is correctly assigned it is not routinely changed or upgradea as a result of events that occur after separation or based merely on the passage of time.





                  4. Enclosure (5) is returned for final action




Colonel, U.S. Marine Corps
Director
Personnel Mana g ement Division
Manpower and R e serve Affairs
Department
By direction of the Commandant
of the Marine Corps

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