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NAVY | BCNR | CY2007 | 04180-07
Original file (04180-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
                                                      WASHINGTON DC 2O37O--5100


                                                      SJN
                                                                                          Docket No: 04180-07
                                                                                          15 February 2008


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- memb er panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 February 2008. 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 Headquarters Marine Corps, a copy of which is attached.
After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice. In this regard, 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. VIRGJN~A 22134-5 03

                            IN R ELPY R EFER TO:




MEMORANDUM FOR THE       EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj:    BCNR APPLICATION IN THE CASE OF FORMER SUBJ RECODE
End:     (1) Prisoner Transfer Case Summary
 (2)      Su m marized Record of Board Hearing of 26 Apr 05
(3)      Admin Discharge Board Report of 26 Apr 05
(4)      Commander, MarForRes of 25 May 05
          (5)      DD Form 149 of 15 Nov 06


1.       service record has been reviewed and it has
 beer dete rm ined that at the time of separation be was ass inge d
 a reenlistment code of RE~4, which means that he was not
recommended for reenlistment. The reenlistment code was
correctly assigned and was based on his overall record.
2.       was discharged General (Under Honorable Conditions) on May 25, 2005 by on of commission of a serious offense. On March 27, 2002 was arrested by federal agents in Tijuana, Mexico for possession of 21.5 kilos of marijuana. He was sentenced to five years and 2 months in prison. At an Administrative Separation Hearing in April 2005, admitted that he violated the terms of his parole on two occasions by using marijuana and methamphetamines in December 2004. The administrative discharge board recommended be separated from the Marine Corps Reserve due to confirmed illegal drug use. Enclosures (1) through (4) pertain.

3.       After a review of all relevant information, this Headquarters concurs in the professional evaluation of qualif i cations 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 (5) is returned for final action.





Manageme n t Division
 By direction of the Commandant
of the Marine Corps

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