DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2  NAVY /\NNRX
WASHINGTON DC 20370-5100

RDZ : ecb
Docket No. 08892-07
14 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 evidence 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, from Headquarters Marine Corps dated 24 September 2007, a copy of which is attached.

After careful and conscientious consideration of the entire record, and notwithstanding the advisory opinion, 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
3280 RUSSELL ROAD
QUANTICO, VA 221 34-5103

							IN REPLY REFER TO:
							1040
							MMER/RE
							SEP 24 2007

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

Subj: BCNR APPLICATION IN THE CASE OF FORMER

End:	(1) NAVMC 118 (11)
	(2)	 NAVMC ll8 (ll)a
	(3)	   NAVMC 118 (11)b
	(4)	   NAVMC   ll8 (12)a
	(5) NAVMC   118(l2)b
             (6) DD Form 149 of 22 Jul 07

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 honorably discharged on December 28, 1998 by reason of completion of required active service. A review of his service record indicates that he was counseled concerning violation of a company order, operating a motor vehicle while under the influence of alcohol, and not being recommended for reenlistment. The disciplinary portion of his record shows he received two nonjudicial punishments under the Uniform Code of Military Justice for drinking while under the legal drinking age and controlling a vehicle while intoxicated by alcohol. Enclosures (1) through (5) pertain.

3.	After a review of all relevant information, this Headquarters concurs in the professional evaluation 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 (6) is returned for final action.

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