DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
									CRS
											Docket No: 4842-06 
											3 May 2007

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 3 May 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 23 August 2006, a copy of which is attached.

After careful and conscientious consideration of the entire rec9rd, 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
QUANTIC0, VIRGINIA 22 134-5103

IN REPLY REFER TO:
1040
MMER/RE

MEMORANDUM FOR THE	EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj:	APP	FORMER
		SUBJ: R COD

End:	(1) NAVMC 118 (ll)d
	(2) NAVMC118(ll)e
	(3)	NAVMC ll8(12)a	of	2	Nov	90
(4)	AdminSe ltr of 4 Dec 90
DD Form 149 of 28 Apr 05

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 given a general under honorable conditions discharge on April 5, 1991 by reason of misconduct - minor disciplinary infractions. A review of his service record indicates that he was counseled concerning substandard performance, dereliction of duty, disobedience of a lawful order, failing to have uniforms in serviceable condition, not being recommended for promotion, and not being recommended for reenlistment. The disciplinary portion of his record shows he received one nonjudicial punishment under the Uniform Code of Military Justice for offenses that included -- hiding messages in his desk, which should have been routed and unauthorized absence. Enclosures (1) through (4) pertain.

3. After a review of all relevant information, this Headquarters concurs in the professional evaluation of
cautions 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 (5) is returned for final action.

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