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

TJR
Docket No: 9032-07
	15 January 2008

This is in reference to your application for correction of your
          States Code, Section 1552.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 January 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 the Headquarters, Marine Corps, Performance Evaluation Review Branch dated 20 March 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 regard, 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.
Enclosure
Sincerely,
w.
Executive
2
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
32-80 RUSSELL ROAD
                                                                       QUANTICO, VA 22134.5103	

                                        MMER/RE
                                                                                                    SEP 2 8 2007

MEMORANDt31~ FOR THE	EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

Subj:  CORPORAL

End:	(1) NAVMC l18(11)a
	(2)	NAVMC 118 (11)b
	(3)	NAVMC 118(12)
	(4)	NAVMC l18(12)a

DD Form 149 of 8 Aug 07 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 February 26, 1998 by reason of completion of required active service. A review of his service record indicates that he was counseled concerning poor attitude; lack of maturity, responsibility and professionalism; contempt for authority; poor judgment in dealing with seniors; consuming alcohol; and not being recommended for promotion. The disciplinary portion of his record shows he received two nonjudicjal punisments under the Uniform Code of Military Justice for offenses that included being disrespectful in language and deportment toward a noncommissioned officer, drunk and disorderly conduct and wearing earrings. Enclosures (1) through (4) 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.

Subj:	BCNR APPLICATION IN THE CASE OF FORMER

4.	Enclosure (5) 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