DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 5733-07
7 February 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
[EW OF NAVAL RECORD OF %
Ref: (a) 10 U.S.C. 1552
Encl: (1) Case Summary
(2) Subject's naval record
a
1. Pursuant to the provisions of reference (a), Petitioner,
former enlisted member of the Marine Corps, applied to this Board
requesting to change his RE-4B reenlistment code that was
assigned on 9 September 2006, when he was separated with an other
than honorable (OTH) discharge by reason of misconduct due to
drug abuse.
2. The Board, consisting of Mr. \jqsmaially Mr. WqAgBP, and
Mr. @@MMM®, reviewed Petitioner's allegations of error and
injustice on 6 February 2008, and pursuant to its regulations,
determined that the partial 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. Petitioner’s application was filed in a timely manner.
c. On 30 January 2005, Petitioner enlisted in the Marine Corps
at age 20.
d. On 25 August 2005, Petitioner had nonjudicial punishment
(NJP) for absence from his appointed place of duty. He was also
counseled regarding this offense and warned that further
infractions could result in disciplinary action or administrative
separation. On 3 November 2005, he had NJP for use of an illegal
substance on or about 15 August 2005.
e. During the period 11 January to 19 May 2006, Petitioner
deployed with his unit to Afghanistan.
f. On 8 August 2006, Petitioner had NUP for absence from his
appointed place of duty and a day of UA.
g. Based on the information currently contained in the record,
it appears that Petitioner's commanding officer subsequently
initiated administrative separation by reason of misconduct due
to drug abuse. In connection with this processing, it appears
that Petitioner elected to have his case heard by an
administrative discharge board (ADB) and the separation authority
apparently approved the discharge recommendation and directed an
OTH discharge by reason of misconduct due to drug abuse. On
9 September 2006, he was so discharged and assigned an RE-4B
reenlistment code.
h. On the date of discharge, Petitioner's awards included the
Sea Service Deployment Ribbon, Afghanistan Campaign Medal, Global
War on Terrorism Service Medal, National Defense Service Medal,
and Rifle Expert Badge.
i. In his application, Petitioner requests to change the
reenlistment code so that he may enlist in another branch of the
armed forces and make his life better for himself and his family.
j. Attached to enclosure (1) is an advisory opinion from
Headquarters Marine Corps, regarding assignment of the RE-4B
reenlistment code, which states, in part, as follows:
... [Petitioner's] service record has been reviewed
and it has been determined that his reenlistment
code of RE-4B was correctly assigned. The
reenlistment code was assigned based on his
overall record and means that he was not recommended
for reenlistment due to in-service drug involvement.
k. Regulations authorize assignment of an RE-4B reenlistment
code when an individual is discharged by reason of misconduct due
to drug abuse or not recommended for reenlistment due to in-
service drug involvement.
1. Regulations authorize an OTH discharge to individuals
discharged by reason of misconduct. Regulations also authorize a
general characterization of service if separated by reason of
misconduct.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants partial
relief. Specifically, the Board believes that Petitioner's
disciplinary actions were properly taken and his discharge was in
accordance with regulations. Therefore, separation by reason of
misconduct and assignment of an RE-4B reenlistment code was
warranted. However, the Board considers Petitioner's successful
deployment to Afghanistan as a rifleman and awards, which
occurred after the drug related offense. Therefore, as a matter
of clemency the Board concludes that Petitioner’s separation
should be changed to a general discharge.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that he
received a general discharge on 9 September 2006, vice the OTH
discharge actually issued on that date.
b. That a copy of this Report of Proceedings be filed in
Petitioner’s naval record.
ec. That no further relief be granted.
d. That upon request, the Department of Veterans Affairs be
informed that Petitioner’s application was received by the Board
on 14 November 2006.
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 BRIAN ~\
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 Regulation, 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 PFEHYFNE
Executive Rir or
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