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NAVY | BCNR | CY2007 | 06623-07
Original file (06623-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 SJN
Docket No: 06623-07
28 May 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-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 May 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 enable record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice.
You enlisted in the Marine Corps on 29 August 2000 at age 17. On 23 February and 28 March 2001, you received nonjudicial punishnient (NJP) for two specifications of disobedience, absence from your appointed place of duty, and wrongful use of marijuana.
Administrative discharge action was initiated to separate you by reason of misconduct due to drug abuse. You waived your rights to consult counsel, submit a statement or have your case heard by an administrative discharge board (ADB).
Your commanding officer forwarded his recommendation that you be discharged under other than honorable conditions by reason of misconduct due to drug abuse. On 30 April 2001, the discharge authority directed an other than honorable discharge by reason of misconduct due to drug abuse. On 25 May 2001 you were so discharged. At that time you were assigned an RE-4 reenlistment code.
 The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth, overall record of service, and post service accomplisb m ents Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterjzatjon of your discharge because of your misconduct that resulted in two NJP’s, one of which was for drug use, or a change to your reenlistment code, which was based on your disciplinary record and substandard behavior. In this regard, an RE-4 reenlistment code is required when an individual is discharged due to misconduct. The Board also noted that you waived the right to an ADB, your best opportunity for retention or a better characterization of service. 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 to upgrade your discharge or change the reason for separation because you did not request such action, and you have not exhausted your administrative remedy by applying to the Naval Discharge Review Board (NDRB). You may apply to NDRB by submitting the attached DD Form 293.
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


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