DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 2757-03
21 August 2003

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 20 August 2003. 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 28 March 2003, a copy of which is attached.

After careful and conscientious consideration of the entire record, the Board fouxid 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. Additionally, it could not be determined from your record if a page 11 entry was made. 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,

								W. DEAN PFEIFFER
								Executive Director

Enclosure

DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 22134-5 103
IN REPLY REFER TO:
												1040
												MMER/RE 3	

MEMORANDUM FOR THE	EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

Subj:	BCNR APPLICATION IN THE CASE OF FORMER
	SUBJ: RECODE
			       DD Form 149 of 29 Jan 2003
	1.	*	service record has been reviewed and it has

been determined that his reenlistment code of RE-4 was correctly assigned. The reenlistment code was assigned based on his overall record and means that he was not recommended for reenlistment at the time of separation.

2.	was honorably discharged on April 22, 1998 by reason of Unsatisfactory Performance. A review of his service record indicates that he received one nonjudicial punishment under the Uniform Code of Military Justice for offenses which included soliciting another Marine to commit an offense, and transporting two Ml6-A2 service rifles in his POV. It is also noted that the Commandant of the Marine Corps directed assignment of the RE-4 reenlistment code due to then not being recommended by his command.

3.	After a review of all relevant information, this Headquarters concurs in the professional evaluation of 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.	The enclosure is returned for final action.

Head, Performance Evaluation
Review Branch
Personnel Management Division
By direction of the Commandant
of the Marine Corps