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

		CRS
Docket No: 5767-06
8 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 8 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. The Board also considered the advisory opinion from Headquarters Marine Corps dated 26 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.

The Board found that you enlisted in the Marine Corps on 30 June 1997. The record reflects that on 19 June 1998 you received nonjudicial punishment for underage drinking, drunk and disorderly conduct and assaulting two Marines, On 25 June 1999 you were convicted by civil authorities of assaulting a peace officer, possession of mushrooms and being under the influence of a controlled substance. The court sentenced you to probation for 36 months and a fine of $300.

On 20 July 1999 your commanding officer recommended that you be separated with an other than honorable discharge by reason of misconduct due to commission of a serious offense. When informed of the recommendation, you elected to waive the right to present your case to administrative discharge board. After review by the discharge authority, the recommendation for separation was approved and you were discharged on 13 October 1999. However, for some unknown reason, your DD Form 214 reflects an honorable discharge. At that time, you were assigned a reenlistment code of RE-4.

In its review of your application the Board carefully weighed all potentially mitigating factors, such as your youth. Nevertheless, the Board concluded that these factors were not sufficient to warrant a change in the reason for your discharge given your nonjudicial punishment and civil conviction. Concerning the reenlistment code, the Board concurred with the comments contained in the advisory opinion. Since you have been treated no differently than others in your situation, the Board could not find an error or injustice in the assignment of your reenlistment code.

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:
										MMER/ RE
										 JUN 2 6 2006

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

Subj:	BCNR APPLICATION IN THE CASE FORMER
	SUBJ: RECODE

End:	(1) NAVMC 118(11)
(2) NAVMC 118(11)b
(3) NAVMC 118(12) of 8 Jun 98
(4) XXXX  DD Form 149 of 25 Jan 06

1.	XXXX 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.	XXXX was honorably discharged ~n October 13, 1999 by reason of misconduct (commission of a serious offense) - A review of his service record indicates that he was counseled concerning unsatisfactory conduct and attitude toward drinking and alcohol; arrest and conviction for assault on a peace officer; and being under the influence of a controlled substance. The disciplinary portion of his record shows he received one nonjucidial punishment under the Uniform Code of Military Justice for assaulting a fellow Marine lance corporal and a civilian; consuming alcohol under the legal drinking age; and drunk and disorderly conduct. Enclosures (1) through (3) pertain.

3.	After a review of all relevant information, this Headquarters concurs in the professional evaluation of separations for reenlistment at the time of separation. Once a code is correctly assigned it is not routinely change  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.

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