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NAVY | BCNR | CY2003 | 03668-03
Original file (03668-03.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
LCC:ddj
Docket No: 3668-03
19 August 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 19 August 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 CMC memorandum 1000 MMEA of 30 July 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.

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
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 22134-5103

                                                                                 IN REPLY REFER TO:




MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj:    BCNR DOCKET NO. 3668-03; REQUEST FOR FULL SEPARATION PAY

We have carefully reviewed XXXXX request to be granted full separation pay and different reenlistment code. submitted for a 48 month reenlistment on 10 November 1998 and was disapproved on 1 February 1999. He was not recommended for retention by his command due to suspicion of illegal drug use. Before being discharged from the Marine Corps, his command indicated never submitted a urine sample through the USMC Urinalysis Program that was found to contain any illegal drug/substance. However, on 6 August 1998, he was admitted to the Ft. Bragg Hospital for severe chest pains and on two occasions during this time, his urine was tested by the U.S. Army medical staff and found to contain some amount of cocaine. Marine Corps Order P1040.31H, Enlisted Career Planning and Retention Manual, states that in order to be eligible to reenlist or be eligible for full separation pay, a Marine must not have an incident involving confirmed illegal use of a controlled substance. Cocaine clearly falls in this category. The order also states that a reenlistment code of RE-4B will be assigned when there is a military or civil record of in-service illegal drug involvement and there is no potential for further service. Lastly, the order states that Marines who have an incident of illegal drug use will receive half separation pay. Therefore, this headquarters stands by its original determination of half separation pay and reenlistment code RE-4B.
Point of contact is Ms. XXX at Comm (703) 784-9240.





















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