DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:ech
Docket No. 04202-08
27 June 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 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 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 17
January 2008, 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.
The Board did consider whether or not your discharge should be
upgraded because you must first apply to the Navy Discharge
Rev Fewer (NDRB). Enclosed is a DD Form 293 that is to be
used to get NDRB to review your discharge. In the event NDRB
denies your application you would then be eligible to apply to
this Board.
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,
Dea SBee
W. DEAN PF
Executive Di r
Enclosure
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VA 22134-5103 iNLABRL REFER To:
JT Fe
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj: BCNR APPLI ATION IN THE CASE OF
ve 7 Wee SUBJ: RECODE
Encl: (1) NAVMC 118(11)
(2) NAVMC 118(11) of 16 Jul 04
(3) NAVMC 10132 of 28 Apr 04
(4) NAVMC 118(13) of 26 Jul 04
DD Form 149 of 29 Sep 07
. WM service record has been reviewed and it has
been det examined 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. QQ es discharged Under Other Than Honorable
Conditions on September 20, 2004 by reason of misconduct. A
review of his service record indicates that he was counseled
concerning scholastic deficiencies, not being recommended for
promotion, making a racial slur and a positive urinalysis. The
disciplinary portion of his record shows he received one Summary
Court-Martial and one nonjudicial punishment under the Uniform
Code of Military Justice for offenses that included unauthorized
absence, failure to obey an order or regulation, making a false
statement, being disrespectful in langauage and deportment
towards a staff noncommissioned officer and wrongful use of THC.
Enclosures (1) through (4) pertain.
3 After a review of all relevant information, this Headquarters
concurs in the professional evaluation Of MME 214 £i-
cations 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 (5) is returned for final action.
FRANCES S. POLETO
Head, Performance Evaluation
Review Branch
Personnel Management Division
By direction of the Commandant
of the Marine Corps
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:ecb
Docket No. 04239-08
27 June 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 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 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 a
letter, from Headquarters, Marine Corps to United States Senator
John McCain dated 18 July 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 existence of probable material
error or injustice. In this connection, the Board substantially
concurred with the comments contained in the letter to Senator
McCain.
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,
Executive D
Enclosure
NAVY | BCNR | CY2004 | 05251-04
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 17 June 2004, a copy of which is attached.After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficienttheestablish the...
NAVY | BCNR | CY2006 | 08064-06
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 31 August 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 | CY2006 | 08862-06
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 Performance Evaluation Review Branch, 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...
NAVY | BCNR | CY2009 | 06256-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 December 2009. In addition, the Board considered the advisory opinion, from Headquarters Marine Corps dated 11 June 2009, a copy of which is attached. 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.
NAVY | BCNR | CY2006 | 05209-06
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 Performance Evaluation Review Branch, a copy of which is attached. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2008 | 01921-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 April 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to...
NAVY | BCNR | CY2007 | 09032-07
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 20 March 2007, a copy of which is attached.After careful and conscientious consideration of the entire record, the Board found that the evidence...
NAVY | BCNR | CY2006 | 05181-06
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 6 June 2006, a copy of which is attached.After careful and conscientious consideration of the entire record, the Board found that. Consequently, when applying for a correction of an official...
NAVY | BCNR | CY2006 | 07814-06
20370-5100 CRSDocket No: 7814-068 November 2006This is in reference to our application for correction of your naval record pursuant to the provisions of title 10 of the United States Code, section 155A three-member panel of he Board for Correction of Naval Records, sitting in executive session, considered your application on 8 November 2006. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record...
NAVY | BCNR | CY2006 | 09905-06
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 8 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...