DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX CRS
WASHINGTON DC 20370-5100 Docket No: 4156—05
13 October 2005
IUMIuIW~r
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 13
October 2005. 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 prior letter to you from Headquarters Marine Corps
(HQMC) dated 25 April 2005, 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 HQMC letter. 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.
Enclosure
DEP~RTMENT OF THE NAVY
HEADQUART~RS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
4 1 1040
QUANtICO, VIRGINIA 22134-5103
IN
REPLY
REFER
TO:
Dear
This is in reply to your inquiry regarding the assignment of your
reenlistment code.
Your service record has been reviewed and it has been determined bhat
your reenlistment code of RE-4B was correctly assigned. Your
reenlistment code wa~ assigned based on your overall record and means
that you were nbt recommended for reenlistment due to in-service drug
involvemeht. Your record indicates that you were discharged Under
Other Than Honorable Conditions on October 30, 1998 by reason of
Misconduct-Drug Abuse. A review of your service record indicates that
you were counseled concerning unsatisfactory participatIon in the
Selected Marine Corps Reserve, and illegal drug involvement.
Specifically, you wrongfully used/possessed a controlled substance,
THC. After a review of all relevant information, this Headquarters
concurs in the professional evaluation of your 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,
If you disagree with the justification and rationale for this
determination, you are advised that you have the right to petition
the Board for Correction of Naval Records (BCNR) to conduct an
additional review. This may be done by submitting the enclosed
Application for Correction of Military Record (DD Form 149) to the
Chairman, Board for Correction of Naval Records, Department of the
Navy, Washington, DC 20370-5100. To demonstrate to BCNR that you have
exhausted all available administrative remedies, it is necessary that
a copy of this letter be attached to your application.
I regret that a more favoi-able response is not possible; however, I trust
this satisfactori~y answers your inquiry.
Sincerely,
Head, Performance Evaluation
Review Branch
Personnel Management Division
By direction of the Commandant
cf the Marine Corps
End:
(1) DD Form 149
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