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NAVY | BCNR | CY2005 | 04156-05
Original file (04156-05.doc) Auto-classification: Denied



   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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