DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 7736-09
22 February 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of titie 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 18 February 2010. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary material 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 22 July
2009, a copy of which is attached, and your rebuttal.
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.
The Board did not consider whether your characterization of
service or reason for separation should be changed, since you did
not request such consideration and you have not exhausted your
administrative remedies by applying to the Naval Discharge Review
Board {NDRB). You may do so by submitting the attached DD Form
293 to the NDRB.
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,
Executive
Enclosure
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
$280 RUSSELL ROAD
QUANTICO, VA 22134-5103
IN REPLY REFER TO:
. 1040
MMER/RE _
JUL 2 2 2009
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj: BCNR APPLICATION IN THE CASE OF a
: PSUBJ: RE-CODE .
Enel: (1) NavMc 118 (11}
(2) SPCM Supplemental Order NR 05-1635 of 19 Sep 09
(4) SPCMO 43-04 of 21 Dec 04 :
(5) _egiiligelitiiie: 2opellate leave ltrs
(6) NDRB NR # 200500334 of 17 May 05
(7) DD Form 214
(8) Maida DD Form 149 of 24 Apr 09
i. On June 6, 2007, received a Bad Conduct Discharge. At the
time of separation, ; 7 Mewes assigned a reenlistment code of RE-4,
which indicates he was not recommended for reenlistment due to a Special |
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