DEPARTMENT OF THE NAVY
B0ARD FOP COPPECTION OF NAVAL PECOPDS
2 NAVY ANNEX
						   WASHINGTON DC

							CRS
							Docket No: 4655-06
								1 March 2007

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 28 February 2007. 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 29 June 2006, 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 commented 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 his 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
3280 RUSSELL ROAD
HEADQUARTERS UNITED STATES MARINE CORPS
QUANTICO, VIRGINIA 22134-5103

										IN REFER TO:

JUN 2 9 2005

MEMORAI\JDUM FOR THE	EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

Subj:	BCNR APPLICATION IN THE CASE OF SUBJ: RECODE

End:	(1) NAVMC 118(11) of 22 Aug 03
(2)	Report of Results of Trial of 5 Mar 03
(3)	Relief for Cause ltr of 22 May 03
(4)	‘s DD Form 149 of 11 May 06

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 that he was not recommended for reenlistment. The reenlistment code was correctly assigned and was based on his overall record.

2.	was honorably discharged on August 11, 2003 by reason 6 completion of required active service. A review of his service record indicates that he was counseled concerning not being recommended for reenlistment. The disciplinary portion of his record shows he received one Summary Court-Martial under the Uniform Code of Military Justice for offenses that included violating a lawful general order; wrongful use of a government cell phone; wrongfully allowing unauthorized use of a government computer; dereliction of duty; wrongfully impeding an investigation; and wrongful sexual intercourse~ of a service discrediting nature. Enclosures (1) through (3) pertain.

3. After a review of all relevant information, this Headquarters concurs in the professional evaluation of specifications 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.

J.L. TERRY
Head, Performance Evaluation
Review Branch
Personnel Management  Division ~By Marine of the Commandant
of the Marine Corps