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

		CRS
									    Docket No: 7051-06
									    13 December 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 12 December 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 15 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.

The Board did not consider whether your characterization of service or reason for separation should be changed, since you did not ask for such consideration and you have not exhausted your administrative remedy by applying to the Naval Discharge Review Board (NDRB). You may apply to NDRB by submitting the attached DD Form 293.

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

Enclosures

DEPARTMENTOFTHE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
	QUANTICO, VIRGINIA 22i34~5 103	

	                                                                                     1040	
	                         MMER/RE
	                                                       JUN 15 2006		                         

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

Subj:	BCNR APPILCATION IN THE CASE OF FORMER
             SUBJ: RECODE

End:	(1) NAVMC 118 (11)
(2)	NAVMC ll8(ll)a
(3)	NAVMC 118(12) of 15 Oct 02
(4)	DD Form 149 of 11 Feb 06

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 correctly assigned and was based on his overall record.

2.	was discharged Under Honorable Conditions (General) on December 12, 2002 by reason of Alcohol Rehabilitation Failure. A review of his service record indicates that he was counseled concerning failure to obey an order or regulation; unauthorized absence; being diagnosed as alcohol dependent; refusing Level III treatment; and not being recommended for reenlistment. The disciplinary portion of his record shows he received one Summary Court-Martial under the Uniform Code of Military Justice for offenses that included unauthorized absence, wrongful appropriation, and failure to obey an order or regulation. Enclosures (1) through (3) pertain.

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 (4) is returned for final action.

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