DEPARTMENT OF THE NAVY
		          BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51 00

CRS
Docket No: 5343-06
1 November 2006

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 1 November 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 dated 12 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 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.

							Sincerely,

							W. DEAN PFEIFFER
		     					 Executive Director

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 STAFF SERGEANT
 SUBJ: RECODE

End:	(1) Disclosure of Sexual Orientation
	(2) XXXXXs DD Form 149 of 25 Oct 05

1. 	A review of XXXXX 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.          XXXXX received an honorable discharge on January 5, 2000 by reason of homosexual admission, see enclosure (1) -

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.	Enclosure (2) is returned for final action.

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