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NAVY | BCNR | CY2004 | 04659-04
Original file (04659-04.rtf) Auto-classification: Denied
                  DEPARTMENT OF THE NAVY
          BOARD FOR CORRECTION OF NAVAL RECORDS
                                                       2 NAVY ANNEX
          WASHINGTON DC 20370-5100

         CRS
         Docket No: 4659-04
          17 August 2004



 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 11 August 2004. 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. The Board also considered the advisory opinion from Headquarters Marine Corps, dated 24 May 2004, 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 materi al error or injustice.
The Board found that you enlisted in the Marine Corps Reserve on 21 December 1979. Your reported for initial active duty for training on 1 February 1979. On 20 August 1979 you were released from active duty and assigned to a Marine Corps Reserve unit. On 11 January 1980 you reported to active duty. The record reflects that on 13, 24, and 25 October and 18 November 1983, you had a positive urinalysis for marijuana. On 13 December 1983 you had a positive urinalysis for marijuana and cocaine. On 13 December 1983 you were an unauthorized absentee until 15 January 1984 and then again from 7 to 9 February 1984. No disciplinary action was taken. On 24 January 1985 you were separated under honorable conditions and transferred to the Marine Corps Reserve. At that time, you were assigned a reenlistment code of RE—4.
Character of service is based, in part, on one’s conduct and proficiency averages, both of which are computed from marks assigned during periodic evaluations. Your conduct and
          proficiency averages were 3.6 and 4.2, respectively. A minimum average conduct mark of 4.0 was required for a fully honorable characterization of service at the time of separation.
In its review of your application the Board carefully weighed all potentially mitigating factors, such as your youth. However, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge because your conduct average was not high enough to warrant a fully honorable discharge. In addition, the Board noted your repeated use of drugs and unauthorized absences. The Board also concurred with the comments contained in the advisory opinion. 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.
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,




Enclosure







































DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 22134-5103
IN REPLY REFER TO:
 1040
MMER/ RE
 MAY 2 4 2004

MEMORANDUM FOR THE       EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj:    BCNR APPLICATION IN THE CASE OF FORMER
         SUBJ: RECODE
End:     (1) NAVMC l18(l1)e
 (2)      NAVMC 118 (ll)f
(3)      NAVMC 118 (12)
 (4)      DD Form 149 of 1 Jun 03
1. service record has been reviewed and it has been determined that his reenlistment code of RE-4 was correctly assigned. The reenlistment code was assigned based on his overall record and means that he was not recommended for reenlistment at the time of separation.
2. was discharged Under Honorable Conditions (General) on March 20, 1984 by reason of Completion of Required Active Service. A review of his service record indicates that he was counseled concerning repeated tardiness to morning muster, positive urinalysis results indicating illegal use of THC and cocaine, an d no t being recommend f or reenlistment It is also noted that Mr. had two separate periods of unauthorized absence totaling approximately 35 days. Enclosures

3. After a review o f all relevant info r mation this Headquarters concurs in the professional evaluation of Mr. qualifications 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.       Enclosure (4) is returned for final action.



Head, Performance Evaluation
Review Branch
Personnel Management Division
By direction of the Commandant
of the Marine Corps

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