DEPARTMENT OF THE NAVY
, BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ: ecb
Docket No. 06256-09
2 December 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 1 December 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 11 June
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 probabie 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,
Lon Ge
W. DEAN PFREIBFE
Executive Diréct
Enclosure
‘DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VA 22134-5103
IN REPLY REFER TO:
1040
MMER /RE
JUN 1 1 2005
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj: BCNR APPLICATION IN THE CASE OF FORMER een
. ea SUBJ: RE-CODE
Encl: (1) NavMc 118 (11)
(2) NavMC 118 (12)
(3) SPCM Supplemental Order NR 05-0909 of il May 05
(4) SPCMO 121-04 of 9 Dec 04
(5) NDRB NR # 200401757 of 10 Mar 05
(6) DD Form 214
(7) QQ DD Form 149 of 17 Mar 05
1. On May 17, 2005 Wile «eceived a Bad Conduct Discharge. At the time of
separation, Q§MMMewas assigned a reenlistment code of RE-4, which indicates
he was not recommended for reenlistment due to a Special Court-Martial
. conviction. A review of the administrative portion of his record indicates
that he was in an unauthorized absence status for. 226 days. The disciplinary
portion of the record shows that he received one Special Court-Martial for
.violating Article 86 (umauthorized absences} of the Uniform Code of Military
Justice.
2. After a review of all relevant information, we concur with the
professional evaluation of age 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 merely on the passage of time.
3. Enclosure (7} is returned for final action.
Frances 8. Poleto
Head, Performance Evaluation
Review Branch
Manpower Management Division
By the direction of the Commandant
Of the Marine Corps
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