DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:ecb
Docket No. 01921-08
25 April 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 24 April 2008. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary evidence 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, from Headquarters, Marine Corps dated 21
February 2008, a copy of which is attached.
After careful and conscientious consideration of the entire
record, and notwithstanding the advisory opinion, the Board
found that the evidence submitted was insufficient to establish
the existence of probable material error or injustice. In this
connection, 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,
lo Wea KP
W. DEAN PFET#
Executive Di
Enclosure
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
1040
MMER/RE
FEB 21 2008
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
QUANTICO, VA 22134-5103 IN REPLY REFER TO:
NAVAL RECORDS SS a a a
MEUBIJ: RECODE
td
Encl: (1) NAVMC 118(11) of 5 Apr 00
(2) NAVMC 118(11)
(3) NAVMC 118(12) of 6 Nov 00
(4) sqpmeelipmpemmeetg DD Form 149 of 25 Dec 07
. & wee service record has been reviewed and it has been
dctexminsa 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.
2. i was discharged Under Honorable Conditions (General)
on March 23, 2001 by reason of completion of required active
service. A review of the administrative portion of his service
record indicates that he was counseled concerning absence without
leave, failure to obey orders and regulations, in service illegal
drug use and not being recommended for reenlistment. The
disciplinary portion of the record shows that he received one
nonjudicial punishment under the Uniform Code of Military Justice
for wrongful use of THC. Enclosures (1) throuugh (3) pertain.
3. After a review of all relevant information, this Headquarters
concurs with the professional evaluation of qualifi-
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 (4) is returned for final action.
“4
FRANCES S. POLETO
Head, Performance Evaluation
Review Branch
Personnel Management Division
By direction of the Commandant
of the Marine Corps
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