DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
S
WASHINGTON DC 20370.510
0
TRG
Docket No:
16 November 2001
4281-01
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 14 November 2001.
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.
Your allegations of error and
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.
You enlisted in the Marine Corps on 28 May 1996 at age 18.
record shows that you received nonjudicial punishment for
disobedience and disrespect.
concerning your abuse of drugs.
duty on 27 May 2000 with your service characterized as honorable.
At that time you were assigned an RE-4B reenlistment code.
In addition, you were counseled
You were released from active
The
You contend in your application that you should have been
assigned an RE-1 reenlistment code because a summary
martial found you not guilty of drug abuse.
in your case did not establish your innocence of drug use but
only concluded that insufficient evidence had been submitted to
support a finding of guilty because no one testified at trial
concerning certain aspects of the positive urinalysis report.
The documentation showing a positive urinalysis still remains in
your record and is sufficient to support the counseling entry.
court-
However, the ruling
Regulations allow for the assignment of an RE-4B reenlistment
code when there is a record of inservice drug abuse.
shows that the Marine Corps apparently has concluded that since
you were not convicted,
RE-4B reenlistment code was not
an
Your record
Accordingly, on 5 June 2000, a DD Form 215 was
appropriate.
issued to show that on 27 May 2000 you were assigned an RE-4
reenlistment code instead of the RE-4B Reenlistment code.
RE-4 reenlistment code means that you were not recommended for
reenlistment based on your entire record.
The
The Board concluded that the nonjudicial punishment and
counseling entry were sufficient to support the assignment of the
RE-4 reenlistment code.
denied.
furnished upon request.
Accordingly, your application has been
The names and votes of the members of the panel will be
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
2
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