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NAVY | BCNR | CY2008 | 03387-08
Original file (03387-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

SMW
Docket No: 3387-08
10 July 2008

 

 

hes ek

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 9 July 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 Headquarters
Marine Corps, 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.

The Board noted that you were honorably discharged from the
Marine Corps Reserve on 25 October 2006, due to an
interdepartmental transfer. The Board further noted that

although the Marine Corps may not consider waiving the RE-4
reenlistment code, other branches of the armed forces, such as
the Army National Guard, may consider such a waiver.

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,

\p ened

W. DEAN PFE
Executive Di tor

Enclosure
DEPARTMENT OF THE NAVY

HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD

QUANTICO, VA 22134-5103
IN REPLY REFER TO:

1040
MMER/RE
30 Apr 08

 

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

  

Subj: BCNR APPLICATION IN THE CASE OF FORMER Sih

api: SUBJ: RE-CODE

Encl: (1) NavMC 118 (11)
(2) NavMC 118 (12)
(3) NavMC 10132

apes DD Form 149 of 2 March 2008

| epee s 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 is not recommended for reenlistment. The reenlistment
cude was correctly assigned and was based on his overall record.

2. WE 2s honorably discharged from the U.S. Marine Corps on
13. February 2005. A review of 49 is service records indicates that he

was counseled concerning his unauthorized absence; inappropriate conduct
towards fellow Marine, not recommended for promotion to Lance Corporal. The

disciplinary portion showed that SQM received two non-judicial
punishments for violating article 86 of the Uniform Code of Military Justice.

3. After a review of all relevant information, this Headquarters concurs in

the professional evaluation of aaiinbiieEs.215 fications 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 on merely on the passage of time.

4 Enclosure (4) is returned for final peer }

i
if L i

fis

mae

Pianves a ‘boleta
Head, Performance Evaluation

Review Branch
Personnel Management Division
By the direction of the Commandant

Of the Marine Corps

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