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

CRS
										Docket No: 1829-07 
										5 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 5 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 14 February 2007, a copy of which is attached, and your rebuttal.

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

DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3260 RUSSELL ROAD
		QUANTICO, VIRGINIA 22134-5103 

				IN REPLY REFER TO:
									1040 MMER/RE
MEMORANDUM FOR THE	EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

Subj:	BCNR OF FORMER ____
SUBJ:	RECODE
End:	(1) NAVNC ll8(ll)a
(2)	NAVMC 118 (ll)b
(3)	NAVMC ll8(ll)c
(4)	NAUnC lll(li)d
(5)	NAVNC 10132 of 24 Oct 03
(6)	NAVNC 10132 of 15 Mar 05
(7)	NAVMC 10132 OF 8 Dec 05
(8)	DD Form 149 of 17 Jan 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 discharged under other than honorable conditions on January 27, 2006 by reason of misconduct. A review of his service record indicates that he was counseled concerning disobeying a lawful order; not being recommended for promotion; unauthorized absence; lack of leadership; failure to obey rules and regulations; a pattern of misconduct and not being recommended for reenlistment. The disciplinary portion of h~s’ record shows he received three nonjudicial punishments unde~ the Uniform Code of Military Justice for offenses that included disobeying a lawful order by having a female in his barracks room, violating a Military Protection Order and unauthorized absence. Enclosures (1) through (7) pertain.

3.	After a review of all relevant information 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.