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

		
		CRS
										Docket No: 8804—06
13 February 2008

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 onl3 February 2008. Your allegations of error and injustice were reviewed in accordance with  regulations and procedures applicable to the proceed the 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 19 September 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.

DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
						 QUANTICO. VIRGINIA 221 34~5 103 

									REFER TO:

									MMER/RE
SEP 15 2006

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

Subj:	BCNR APPLICATION IN THE CASE OF FORMER PRIVATE FIRST CLASS

Encl:	(1) NAVMC 118(11)
(2)	NAVMC ll8(ll)a
	(3)	Recommendation for Admin Sep of 5 Nov 97
(4)  DD Form 149 of 6 Jul 05

1.	l7 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 separated on November 26, 1997 by reason of secretarial authority. A review of his service record indicates that he was counseled concerning being diagnosed with depression with suicidal ideation and not being recommended for reenlistment The disciplinary portion of his record shows he received one Special Court-Martial under the Uniform Code of Military Justice for unauthorized absence. 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.