DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 7464-07
7 August 2008
: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: a ns OF NAVAL RECORD OF EX-CPL Mes vsycr,
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) Case Summary
(2) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former member of the Marine Corps, filed an application with this
Board requesting that the reason for his discharge and the
be corrected.
related separation program designator (SPD)
2 wehbe Board, consisting of it a ih.
a reviewed Petitioner's allegations of error and ™
stice on 29 July 2008 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
and applicable statutes, regulations and policies.
records,
The Board, having reviewed ali the facts of record pertaining
3.
finds as
to Petitioner's allegations of error and injustice,
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. Although it appears that Petitioner's application was
not filed in a timely manner, it is in the interest of justice to
Waive the statute of limitations and consider the application on
its merits.
c. Petitioner enlisted in the Marine Corps on 22 November
1988. On 21 August 1992 he was released from active duty and
transferred to the Marine Corps Reserve in the grade of corporal.
At that time, he was assigned an RE-1A reenlistment code.
d. Petitioner affiliated with a reserve unit on 13 November
1996 and at that time extended his enlistment for 11 months.
He was honorably discharged on 21 October 1997. At that time, he
was assigned an SPD code of HKK which means that he was
discharged by reason of misconduct due to drug abuse.
e. Attached to enclosure (1) is an advisory opinion from
Headquarters Marine Corps which states as follows:
... On 3 October 1997 [Petitioner] was counseled for
illegal drug use, specifically THC. [He] was not
available for signature due to being absent from drill.
HKK1 is the proper separation code for drug abuse.
However, no documentation exists in [his] service
record or at the Personnel Management Support Branch to
support a separation code of HKK1.
... A review of [his] record does not show he was
administratively separated due to illegal drug abuse.
[He] should have been separated due to expiration of
contract on 21 October 1997.
... Based on the above, this Headquarters recommends
that [his] separation code be changed to MBK3...
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. Although it appears that he may have had a positive
urinalysis, it is clear that there was insufficient time before
the expiration of his enlistment to process him for discharge due
to drug abuse. Therefore, the Board agrees with the
recommendation contained in the advisory opinion that his record
should be corrected to show that he was discharged at the
expiration of his enlistment with an SPD of KBK3.
The Board further concludes that this Report of Proceedings
should be filed in Petitioner's naval record so that all future
reviewers will understand the reasons for the change in the
separation code.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
on 21 October 1997 he was assigned an SPD of KBK3 vice the HKK
SPD now of record.
b. That this Report of Proceedings be filed in 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 BRIAN \ GEORGE
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.
\ Wag ‘
W. DEAN PFE
Executive Dir
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