DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-510
0
CRS
Docket No: 7841-01
28 January 2002
Your allegations of error and
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 24 January 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
your application, together with all material submitted in support
thereof, your naval record and applicable statutes, regulations
and policies.
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.
The Board found that you enlisted in the Marine Corps on 24 March
1997 at age 21.
received nonjudicial punishment for use of marijuana and cocaine.
On 19 August 1997 the commanding officer recommended that you be
separated with an other than honorable discharge by reason of
misconduct due to drug abuse.
recommendation, you elected to waive the right to present your
case to an administrative discharge board.
discharge authority,
approved and you were discharged with an other than honorable
discharge on 30 January 1998.
reenlistment code of
Applicable regulations require the assignment of an RE-4B
reenlistment code when an individual is discharged due to drug
abuse.
Since you have been treated no differently than others in
your situation, the Board could not find an error or injustice in
the assignment of your reenlistment code.
The record reflects that on 18 July 1997 you
At that time you were assigned a
Accordingly, your
When informed of the
the recommendation for separation was
After review by the
RE-4B.
since you did not ask for such
The names and votes of the members
application has been denied.
of the panel will be furnished upon request.
The Board did not consider whether your characterization of
service should be changed,
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
Enclosure
2
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