DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
						 WASHINGTON DC 2O37O-5100

					CRS
									 Docket No: 6703-07 
									 5 March 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 you~ application on 5 March 2008. 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 9 August 2007, 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. In addition, as your present reentry code of RE-4 is correct, and you have not demonstrated that it would be in the interest of justice for the Board to assign a more favorable code as an exception to policy, there is no basis for changing that 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:
											1910
											MMSR-3
 											9 Aug 07

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

Subj:	BCNR APPLICATION IN THE CASE OF
SUBJ: REQUEST FOR ADVISORY OPINION

Ref:	(a) Chairman, BCNR ltr CRS:jdh Docket No. 06703-07 of 27 Jul 2007

1.	The reference requests an advisory opinion concerning the characterization of service and reentry code for separation of former at the time of his discharge from the U.S. Marine Corps. -

2.	Based on the available records in former Marine1~,. Official Military Personnel File, he was separated on 12 December 2003 with an “Under Other Than Honorable Conditions” characterization of service and a reentry code of RE-4. The narrative reason for separation was “separation in lieu of trial by court-martial”. Per Paragraph 1004.2.c(3)of MOO P1900.16, when an enlisted Marine serving in pay grade E-4 or above is administratively separated with an other than honorable characterization of service, the Marine shall be administratively reduced to pay grade E-3, with such reduction to become effective upon separation.

3. On 18 November 2003, former Marine signed a statement requesting that he be administratively separated in lieu of trial by court-martial. He indicated in this statement that he understood the least favorable characterization of service he could receive could be “Under Other Than Honorable Conditions”. Additionally, former Marine Assigned that he was satisfied with the advice of his attorney who explained the charges.

4. Based on the above, this Headquarters recommends that former Marine petition not receive favorable consideration.

			5.	Point of contact is Ms. Bennett at (703) 784-9322.

	Head, Separation and
	Retirement Branch
By direction of the Commandant
of the Ma rifle Corps

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