DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                                                                             2 NAVY ANNEX
                                                                            WASHINGTON DC   20370- 5100

	SMW  
                                            Docket No: 5337—06
20 October 2006

This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, 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 18 October 2006. 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 Performance Evaluation Review Branch, 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 regard, 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, VIRGINIA 22134-5103

                                                                                                                                                                           IN REPLY REFER TO:
                                           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 10132
(2)    DD Form 149 of 3 Dec 05

    (1) Advisory Opinion

1. A review of service record has been completed. It was determined that his reenlistment code of RE—4 was correctly assigned, which means he was not recommended for reenlistment. This reenlistment code was based on his overall record at the time of separation.
	
	2.	received an honorable discharge on September 17, 2005 	disciplinary portion of his record shows he received 
one nonjudicial punishment under the Uniform Code of Military Justice for destruction of property other than military and aggravated assault, which led to his level III Substantiated Spousal Abuse, see enclosure (1)

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