D E P A R T M E N T O F T H E NAVY
B O A R D F O R C O R R E C T I O N O F N A V A L R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
TRG
Docket No: 7771-01
10 April 2002
From: Chairman, Board for Correction of Naval Records
To :
Secretary of the Navy
Ref:
(a) Title 10 U.S.C. 1552
Encl : (1) Case Summary
(2) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Marine Corps filed an application
with this Board requesting that his record be corrected to show
that he was reduced in grade from LCPL (E-3) to PFC (E-2), vice
to W T (E-1) . He is also requesting a change in the reenlistment
code.
2. The Board, consisting of Mr. Dunn, Mr. Brezna and Ms. Hare,
reviewed Petitioner's allegations of error and injustice on
2 April 2002 and, pursuant to its regulations, determined that
the corrective action indicated below should be taken on the
available evidence of record. Documentary material considered by
the Board consisted of the enclosures, naval records, and
applicable statutes, regulations and policies.
3. The Board, having reviewed all the facts of record pertaining
to Petitioner's allegations of error and injustice, finds as
follows:
a. Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and
regulations within the Department of the Navy.
b. Petitioner's application was filed in a timely manner.
c. Petitioner enlisted in the Marine Corps on 22 August
1997 at age 21. Subsequently, he was advanced to LCPL. On 31
January 2000 he received nonjudicial punishment (NJP) for use of
marijuana. The punishment imposed included restriction, extra
duty, forfeitures of pay and a reduction in rank to W T . Because
of the drug use, he was processed for an administrative
discharge. In connection with this processing, he elected to
waive the right to have his case heard by an administrative
discharge board. After review the discharge authority directed
discharge under other than honorable conditions and he was so
discharged on 29 March 2000. At t h a t : time, he was hot
recommended for reenlistment and was assigned an RE-4B
reenlistment code.
d. Attached to enclosure (1) is an advisory opinion from
Headquarters Marine Corps (HQMC) which states that Petitioner was
improperly reduced from LCPL to W T because only a one pay grade
reduction is authorized at an NJP. HQMC recommendS that the
record be corrected to show that on 31 January 2000, he was
reduced from LCPL to PFC. Concerning the reenlistment code
issue, the advisory opinion points outs that the regulations
authorized the assignment of an RE-4B reenlistment code to an
individual with a record of inservice drug abuse and no potential
for further service. Accordingly, HQMC recommends that the
reenlistment code not be changed.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. Since only a one pay grade reduction is authorized at
NJP, the Board agrees with the advisory opinion that the record
should be corrected to show that at the 31 January 2000 NJP, he
was reduced from LCPL to PFC vice being reduced to W T .
Concerning the reenlistment code issue, the Board notes that the
RE-4B reenlistment code is authorized by regulation and is
normally assigned when an individual is discharged because of
drug abuse. Since Petitioner has been treated no differently
than others discharged by reason of drug abuse, the Board
concludes that there was no error or injustice in the assignment
of the RE-4B reenlistment code.
The Board further concludes that this Report of Proceedings
should be filed in Petitioner's naval record so that all future
reviewers will understand that he was only reduced one pay grade
at the 31 January 2000 NJP.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
at the NJP of 31 January 2000 he was reduced in grade from LCPL
to PFC vice the reduction to W T now of record.
b. That this Report of Proceedings be filed in Petitioner's
naval record.
4 . It is certified that a quorum was present at the Board's
review and deliberations, and that the foregoing is a true and
complete record of the Board's proceedings in the above entitled
matter.
ROBERT D. ZS-
Recorder
Acting Recorder
5. Pursuant to the delegation of authority set out in Section
6(e) of the revised Procedures of the Board for Correction of
Naval Records (32 Code of Federal Regulations, Section 723.6(e))
and having assured compliance with its provisions, it is hereby
announced that the foregoing corrective action, taken under the
authority of reference (a), has been approved by the Board on
behalf of the Secretary of the Navy.
Executive Di
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