CRS
Docket No: 5221-06
24 October 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 24 October 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 1 June 2006, a copy of which is attached, and your rebuttal statement.

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. The Board noted however, you had two summary courts-martial rather than one special court-martial as indicated 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.

sincerely,

W. DEAN PFEIFFER
Executive Director

Enclosure

DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
	                                                                                      3280 RUSSELL ROAD	
                                                                                             QUANTICO, VIRGINIA 22134-5103	

                                                                                                                                                                INREPLYREFER
                                                                                                                1040
         MMER/RE

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

Subj:	BCNR APPLICATION IN THE CASE OF FORMER SUBJ ‘RECODE

End:	(1) NAVMC 118(13) of 12 Sep 95
	(2) DD Form 149 of  26 Jan 99

1.    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 assigned arid was based on his overall record.

2.	received a honorable discharge on January 26, 1999 he disciplinary portion of his record shows he received Court-Martial under the Uniform Code of Military Justice for insubordinate conduct, see enclosure (1)

	3.	After a review of all relevant information, this Headquarters concurs in the professional evaluation of
qualification 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 (2) is returned for final action.