DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 |
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RDZ:ech —
Docket No. 03607-09
9 Juiy 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 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 3
April 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.
The Board did not consider whether your discharge should be
upgraded since you must first apply to the Navy Discharge Review
Board (NDRB). Enclosed is a DD Form 293 that you should use to
apply to NDRB.
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
‘@xistence of probabfe material error or injustice.
Be ah.
bed * Sincerely,
\ Dom Ae!
W. DEAN PFET
4 Executive Diredt
Enclosure
j
—— —_
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VA 22134-5103
IN REPLY REFER TO:
1040
MMER/RE
3 Apr O9
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj: BCNR APPLICATION IN THE CASE OF FORMER QE
SUBJ: RE-CODE
Encl: (1) NavMC 118 (11)
(2) NavMc 118 (13)
{3) SPCMO NR # 1-00 of 24 May 00
(4) SPCMO SuppO NR # 01-1478 of 21 Nov 01
(5) DD Form 214
(6) NDRB of 14 Aug 01
(7) QE DD Form 149 of 1 Jan 09
1. On November 21, 2001, QUSNNMMMNMM) received a Bad Conduct Discharge as a
result of his Special Court-Martial conviction on May 24, 2000. At the time
of separation, SD .:; assigned a reenlistment code of RE-4B, which
indicates that there is a military or civilian in-service illegal drug
involvement and there is no potential for further service. A review of the
administrative portion of his record indicates that he was assigned a
reenlistment code of RE-d and he signed a page 11 entry acknowledging that
his Commanding Officer informed him of the reason for the assignment. The
disciplinary portion of the record shows that he received one Special Court-
Martial for violating Articles 86 (unauthorized absence), 87 (missing
movement), and 112a (wrongfully use, possession of controlled substance) of
the Uniform Code of Military Justice.
2. After a review of all relevant information, we concur with the _
professional evaluation of QED qualifications for reenlistment at
the time of separation. Since his reenlistment code is correctly assigned,
no change is warranted. 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.
3. Enclosure {7} is returned for final action.
6
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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