DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX .
WASHINGTON DC 20370-5100 RDZ:jdh
, Docket No. 06279-09
19 November 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 19 November 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, and notwithstanding the advisory opinion, 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 casé 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,
Waa
Executive Dir&édtor
Enclosure
\ \
“ DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD ;
QUANTICO, VA 22134-5103
z, IN REPLY REFER TO:
1040
MMER /RE
JUN 4 1 2009
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj: BCNR APPLICATION IN THE CASE OF FORME Renee
F ; hia - eeersUBI: RE-CODE
an
Encl: (1) NavMc 118 (11)
(2) NavMc 10132
(3) NavMC 118 (13)
(4) DD Form 214
(5) CG, ltr 2 OG LAO of 19 Jan 06
tis) mae DP Form 149 of 22 Feb 09
wats 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 he was not recommended f Se a This
reenlistment code was assigned because Mr 4 ca Mivas:
administratively separated by reason of misc t due to the commission. of as
serious offense. ,
ree was discharged from the U.S. Marine Corps under
other than honorst fitions om January 31, 2006. The administrative
portion of his record shows that he received one counseling entry ddressing
his unauthorized absence. The disciplinary portion of¥ aa ee
ae mie record shows that he received one Non-Judicial Punishment and one
ummary Court-Martial for violating articles 86 (unauthorized absence) and 91
{insubordinate conduct towards SNCO) of the Uniform Code of Military Justice.
3. After a review of all relevant information, this Headquarters concurs in
the professional evaluation en ‘Ws qualifications for
reenlistment at the time of separation. Once a code is correctiy 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.
4, Enclosure (6) is returned for final action,
s S. Poleto
Head, Performance Evaluation
Review Branch
Manpower Management Division
By the direction of the Commandant
Of the Marine Corps
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