DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 4034-08
25 June 2008
Records, sitting in executive session, considered your
application on 25 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 enclosed
comment from Headquarters Marine Corps, dated 19 March 2008,
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 connection the Board substantially
concurred with the opinion expressed in the comment. The Board
noted that the comment is incorrect to the extent it refers to
your general court-martial as a summary court-martial.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
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.
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W. DEAN PF
Executive Dirtettor
Enclosure
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MERA DEPARTMENT COMMENT on OLAC route sheet of 10 Mar 2008
Subj; CONGRINT; CASE OF
SUBJ: RECODE
iL. Tha following is provided for inclusion in your reply:
On February 1, 2.0 0 7 ggg was dishonorably discharged as
& resule of a court-martial. At the time of Separation, Mr,
any. : 13 assigned a reenlistment code of RE-4, which indicates
he was not recommended for reenlistment. A review of the
‘idninistrative portion of his record indicates. that he was
counseled concerning not: being recommended for promotion. The
disciplinary portion of the record shows that CNN 2 ceived
one Summary Court-Martial under the Uniform Code Of Military
dusticgce for assaulting a staff noncommissioned officer by cutting
him in the face with a dangerous weapon. After a review of all
relevant information, we concur with the professional evaluation
° ii aalifications for reenlistment at the time of
2 separation. Since his reenlistment code is correctly assigned,
(@ TO” change is warranted. " me
LE CRMs: sagrces with the justification and rationale
for this determindtion, he has the right to petition the Board ~
for Correction of Naval Records to conduct an additional review.
This may be done by submitting the enclosed Application for
Correction of Military Record (DD Form 149) .to-the Chaixman,
hoard for Correction of Naval Records, Department of the Navy,
Washington, OC 20370-5100. To demonstrate to BCNR that he has
exhausted all available administrative remedies, it is necessary
that a&-copy of this Headquarters' response fo Congressman: Meeks.
ie attached to his application. _ S
4. Point of contact ig Ms. Johnson at (703) 784-9204.
EF ChS S. POLBTO
‘By direction
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