DEPARTMENT OF THE 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 NAVY ANNEX
W A S H I N G T O N D C 20370-51 00
CRS
Docket No: 3072-03
4 June 2003
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 4 June 2003. 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 8 April
2003, 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 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 app1.icant to demonstrate the
existence of probable material error or injustice.
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosures
H E A D Q U A R T E R S U N I T E D S T A T E S M A R I N E C O R P S
3280 R U S S E L L R O A D
Q U A N T I C O . V I R G I N I A 221 3 4 - 5 103
-
I N REPLY REFER TO:
1040
MMER/RE
APR 0 8 2003
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj : BCNR APPLICATION IN THE CASE OF FORMER
-
.I--
SUBJ: RECODE
Encl : (1) -DD
Form 149 of 25 Feb 2003
1. -service
determined that his reenlistment code of RE-4B was correctly
assigned. The reenlistment code was assigned based on his
overall record and means that he was not recommended for
reenlistment due to in-service drug involvement.
record has been reviewed and it has been
discharged Under Other Than Honorable Conditions
2. -as
on October 19, 2000 by reason of Misconduct. A review of the
administrative portion of his service record indicates that he
was counseled concerning heel pain, having a privately owned
vehicle (POV) aboard Camp Geiger while in a student status,
illegal usage of a controlled substance, and not being
recomrnmended for reenlistment. The disciplinary portion of
the record shows that he received two nonjudicial punishments
under the Uniform Code of Military Justice for offenses which
included wrongful use of marijuana, bringing a POV to School of
Infantry while in a student status, disobeying an order, being
disrespectful toward a noncommissioned officer, and breaking
restriction.
3. After a review of all relevant information, this Headquarters
concurs in the professional evaluation of'qualifi-
cations 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.
4. The enclosure is returned for final action.
Review Branch
Personnel Management Division
By direction of the Commandant
of the Marine Corps
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