. DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
RDZ:ecb
Docket No. 00534-09
22 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 21 July 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, from 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.
Tt 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,
po ee
W. DEAN PF
Executive ie
Enclosure
}
DEPARTMENT OF THE NAV}
HEADQUARTERS UNITED STATES MARINE COn. °S
3280 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 QED
Encl: (1) NavMCc 118 (11)
(2) NavMC 118 (12)
(3) DD Form 214
(4) i >> Form 149 of 4 Sep O08
1. a service record has been reviewed and it has been determined
that at the time of separation he was assigned a reenlistment code of RE-3C,
which means that he is not eligible and. disqualifying factor not covered by
any other code for reenlistment.
2. QUEER was honorably discharged from the U.S. Marine Corps on January
29, 1988. A review of the administrative portion of his record shows that he
was counseled for theft of government property, disrespect towards
commissioned officers, disobedience of lawful orders, lack of judgment,
irresponsibility, frequent involvement with military authorities and ™
violating. Articles of the Uniform Code of Military Justice. A review of the
disciplinary portion of his records shows that he received three Non-Judicial
Punishments for violating articles 90 (assaulting or willfully disobeying
superior commissioned officer), 92 (failure to obey order or regulation), 113
(misbehavior or sentinel), 121 (larceny and wrongful appropriation).
3. After a review of all relevant information, this Headquarters concurs in
the professional evaluation of GENE cielifications for reenlistment
at the time of separation. Once a code is correctly assigned it is not
routinely changed cr upgraded as a result of events that occur after
separation ox based on merely on the passage of time.
4. Enclosure (4) is returned for final @tiion.
Frances S. Poleto
Head, Performance Evaluation
Review Branch
Manpower Management Division
By the direction of the Commandant
Of the Marine Corps
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