DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF.NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
RDZ:ecb
Do¢ket No. 005256-09
9 July 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 8 July 2009. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations ang 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 15
January 2009, 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,
& le y,
a . W. DEAN F
Cc
Executive Di
Ray wen
x
Enclosure
1 by . ae
: DEPARTMENT OF THE NAVY;
HEADQUARTERS UNITED STATES MARINE CORPS
8280 RUSSELL ROAD
QUANTICO, VA 22134-5103
IN REPLY REFER TO:
1046
MMER/RE
15 Jan 09
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj: BCNR APPLICATION IN THE CASE OF FORMER Qs
Enel: (41) NavMc 118 (11)
{2) NavMc 118 (12}
{3} DD Form 214
(4) SEMEN DD Form 149 of 12 Dec 08
1. QED 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
code was correctly assigned and was based on his overall record.
2 QED 5:2. honorably discharged from the U.S. Marine Corps on August
26, 1990. A review of SQMMMEMMBD service records indicates that he was
counseled numerous occasions for the following deficiencies: tardiness to
work, not recommended for promotion due to immaturity, lack of MOS
proficiency, attention to detail, frequent involvement of a discreditable
nature with military authorities, lack of initiative and judgment resulting
his relief as the mail clerk. The petitioner’s service was marred by
continuous, repetitive disciplinary infractions. The petitioner was awarded
Non-Judicial Punishment (NJP) on five separate occasions for multiple
violations of the Uniform Code of Military Justice. These infractions
included: unauthorized absences on seven occasions, disobedience of lawful
orders on four occasions, communicating a threat while holding a weapon and
disorderly conduct.
3. After a review of all relevant information, this Headquarters concurs in
the professional evaluation of QqqgBoualifications 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 action.
Head, Performance Evaluation
Review Branch
Manpower Management Division
By the direction of the Commandant
Of the Marine Corps
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