DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 5727-07
7 February 2008
This is in reference to your application for correction of your
naval record pursuant to the previsions 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 6 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.
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.
On 21 March 2005, you enlisted in the Marine Corps at age 18.
During the period 15 September 2005 to 20 June 2006, you had two
nonjudicial punishments (NJP's) and were convicted by a summary
and a special court-martial. Your offenses included three
instances of unauthorized absence (UA) totaling about 110 days
and use of marijuana.
On 7 July 2006, your commanding officer initiated administrative
separation by reason of misconduct due to a pattern of
misconduct, drug abuse, and commission of a serious offense. In
connection with this processing, you acknowledged that separation
could result in an other than honorable (OTH) discharge and
waived the right to have your case heard by an administrative
discharge board (ADB). On 17 July 2006, the separation authority
approved the discharge recommendation and directed an OTH
discharge by reason of misconduct due to drug abuse. On
13 July 2006, you acknowledged by service record entry that you
were not recommended for reenlistment. On 14 July 2006, you were
separated with an OTH discharge by reason of misconduct due to
drug abuse and assigned an RE-4B reenlistment code.
Regulations authorize the assignment of an RE-4B reenlistment
code to members who are not recommended for reenlistment and
discharged due to an in-service drug related offense. Given the
reason for discharge and 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 the RE-4B
reenlistment code. Accordingly, your application has been
denied. The names and votes of the members of the panel will be
furnished upon request.
The Board did not consider whether the characterization of
service or reason for separation should be changed, since you
have not exhausted your administrative remedy of applying to the
Naval Discharge Review Board (NDRB). You may apply to the NDRB
by submitting the enclosed DD Form 293 to the address set forth
on the form.
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
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