DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 8561-09
20 November 2009
Dear
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 10 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 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 11 August
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.
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.
Enclosure
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VA 22134-5103
IN REPLY REFER TO:
1040
MMER/RE
AUG 1 1 2009
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj: BCNR APPLICATION IN THE CASE OF FORMER QQ
Enel: (1) NavwMc 118 (11)
{2) NavMc 10132 UPB
(3) DD Form 214
(4)
1. SEES 2x3. ce record has been reviewed and it has been determined
chat at the time of separation he was assigned a reenlistment code of RE-4,
which means that he is not recommended for reenlistment. The reenlistment
code was correctly assigned and was based on driving under the influence of
alcohol on January 24, 2004.
2. We: «2; honorably discharged from the U.S. Marine Corps on
November 13, 2005. A review of QQ service records indicates that
he was counseled concerning the following deficiencies: failing to obey an
order by visiting Tijuana, Mexico on liberty, driving under a suspended
driver's license, @Griving while intoxicated, attempted suicide, lack of
responsibility, poor judgment, not being recommended for promotion, and
failing to adhere to after care treatment by being found drunk on duty. The
Gisciplinary portion of EE cord shows that he was awarded one
Non-Judicial Punishment for violating Articles 92x2 {failure to obey a lawful
order or written regulation) and 134 (disorderly conduct/drunkenness) of the
Uniform Code of Military Justice.
3. After a review of all relevant information, this Headquarters concurs in
the professional evaluation of QEENIguEM® qualifications for reenlistment
at the time of separation. 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.
4, Enclosure (4) is returned for final action.
bbb
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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