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NAVY | BCNR | CY2005 | 05224-05
Original file (05224-05.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


                                    CRS
 Docket No: 5224-05
26 August 2005


From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:

                            Ref: (a) Title 10 U.S.C. 1552
End:     (1) DD Form 149 w/attachments
 (2)      Case Summary
(3)      Subject’s naval record

1.       Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting, in effect, that her naval record be corrected by changing her reenlistment code and restoring her to corporal (CPL; E-4).
2. The Board, consisting of Mr.  Mr. and Ms. - reviewed Petitioner’s allegations of error and injustice on 17 August 2005 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, naval records, and applicable statutes, regulations and policies.
3.       The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations of error and injustice, finds as follows:
a.       Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.
b.       Enclosure (1) was filed in a timely manner.
c.       Petitioner enlisted in the Marine Corps on 24 March 1997 and rose to the rank of sergeant (SGT; E-5). At the time of her enlistment she had completed 12 years of formal education.

d.       The record reflects that on 8 August 2000 Petitioner was counseled as to alcohol abuse.
e.       On 15 August 2000 Petitioner received nonjudicial punishment for use of marijuana. The punishment imposed consisted of forfeitures of $723 per month for two months, reduction in pay grade to CPL, and restriction and extra duty for 4 days.

f.       On 10 October 2000 an administrative discharge board (ADB) recommended that Petitioner be separated with an other than honorable discharge by reason of misconduct due to drug abuse. On 8 November 2000 the commanding general approved the recommendation for discharge under other than honorable conditions and, in a related action, administratively reduced her in rank from CPL to lance corporal (LCPL; E-3).
g.       On 13 March 2002 this Board upgraded Petitioner’s discharge to general but denied her request to change the reason for discharge and the reenlistment code.
h.       In an advisory opinion of 27 June 2005, Headquarters Marine Corps recommends that relief be denied. The opinion stated that the reenlistment code of RE-4B is correctly based on her in-service drug involvement.
i.       Regulations state that when a noncommissioned officer is discharged under other than honorable conditions, the individual is reduced to LCPL at that time.
CONCLUSION:
Upon review and consideration of all the evidence of record the Board concludes that Petitioner’s request warrants partial relief. In this regard, the Board concurs with the advisory opinion that her reenlistment code not be changed. However, the Board finds relief in the form of restoring her to CPL, as of the date of her discharge, since she no longer has an other than honorable discharge that was the basis for her reduction.
RECOMMENDATION:
a.       That Petitioner’s naval record be corrected to show that she was not reduced from CPL to LCPL on 15 November 2000.
b.       That no further relief be granted.



c. That any material or entries inconsistent with or relating to the Board’s recommendation be corrected, removed or completely expunged from Petitioner’s record and that no such entries or material be added to the record in the future.
d. That any material directed to be removed from Petitioner’s naval record be returned to the Board, together with a copy of this Report of Proceedings, for retention in a confidential file maintained for such purpose, with no cross reference being made a part of Petitioner’s naval record.
4. It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter.

ROBERT D. ZSALMAN        ALAN E. GOLDSMITH
 Recorder         Acting Recorder
5. Pursuant to the delegation of authority set out in Section
6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy.


                                            
W. DEAN PFEIFFER
Executive Director

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