DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
				   2 NAVY ANNEX
					         WASHINGTON DC 20370-5100
										     CRS	
Docket No: 5809-06
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. Docttmentary 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 29 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
3260 RUSSELL ROAD
QUANTICO, VIRGINIA 22134-5103
			IN REPLY REFER TO:
 			MMER/RE
			JUN 29 2006

NEMORAI\IDUM FOR THE	EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

Subj:	BCNR APPLICATION IN THE CASE OF 
SUBJ:  RECODE

End:	(1) NAVIVIC 118(11)
		(2) NAVi4C 118(12) of 17 Sep 86
		(3) DD Form 149 Of 8 Nov 05

1. 	XXXX’s 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 wa correctly assigned and was based on his overall record.

2.	 XXXX was honorably discharged on January 29, 988 by reason of completion of required active service. A review of his service record indicates hat he was counseled concerning failure to comply with an order; lackadaisical attitude; negligence in the performance of duties; integrity; 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 will fully disobeying the order of noncommissioned officer. Enclosures (1) and (2) pertain.

3.	After a review of all relevant information, this Headquarters concurs in the profession 1 evaluation of locations for reenlistment t the time of separation. Once a code is correctly assigned it s not routinely changed or upgraded as a result of events that o cur after separation or based merely on the passage of time.

4.	Enclosure (3) is returned for final action.

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