DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 ,
RDZ:ecb
Docket No. 08948-08
16 June 2009
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 16 June 2009. 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, furnished by, Headquarters Marine Corps dated
5 September 2008, 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 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,
\yheug
W. DEAN P
Executive
or
Enclosure
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
. 3280 RUSSELL ROAD
QUANTICO, VA 22134-5108
: IN REPLY REFER TO:
10406
MMER /RE
5 Sep 08
This is in reply to your inquiry of July 23, 2008 regarding the assignment of
your reenlistment code.
Your service record has been reviewed and it has been determined that your
reenlistment code of RE-3C was correctly assigned. Your reenlistment code
was assigned based on three Non-Judicial Proceedings for violating Articles |
90 tAssaulting or will fully disobeying superior commissioned officer), 91
(Insubordinate conduct toward warrant officer, noncommissioned officer), 92x2
(Failure to obey order or regulation), 108 (Military property of the United
States-sale, loss, dainage, destruction, or wrongfully disposition) of the
Uniform Code of Military Justice. Your attention is invited to paragraph
4103.1b and Im, MCO P1040.310. After review of all relevant information, we
concur with the professional evaluation of your qualifications for
reenlistment at the time of separation. Since your reenlistment code is
correctly assigned, no change ig warranted. Once a code is correctly
assigned it is not routinely changed or upgraded as a result of events that
oceur after separation or based merely on the passage of time.
IE you disagree with the justification and rationale for this detexmination,
you have 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 Chairman,
Board for Correction of Naval Records, Department of the Navy, Washington, DC
20370-5100. To demonstrate to BCNR that you have exhausted all available
administrative remedies, it is necessary that a copy of this letter be ;
attached to your application.
I regret that a more favorable response is not possible; however, I trust
this’ satisfactorily answers your inguiry. ;
Sincer
F ces’ S. Poleto
Head, Performance Evaluation
Review Branch
Manpower Management Division
eo rtm me ne Le on si ony the-direstion—oftheCommandant
O£ the Marine Corps
Enci:
{1) DD Form 149
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