DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 2083-08
5 January 2009
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 17 December 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. In addition, the Board considered the advisory
opinion furnished by Headquarters Marine Corps dated 22 July
2008, a copy of which is attached.
After careful and conscientious consideration of the entire
record, 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,
\ODean
W. DEAN PF
Executive D
7
Enclosure
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VA 22134-5103 IN REPLY REFER TO:
1800
MMSR-5
22 Jul 08
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
CG
Subj}: BCNR ADVISORY OPINION IN THE CASE OF FORMER PRIVAT’
Ref: (a) Chairman BCNR ltr BUG:jdh Docket No: 02083-08 of
10 Jul 08
1. The reference requests an advisory opinion on former Private
Qe eguest to have his characterization of service changed
from Other than Honorable to Honorable and to change his
re-enlistment code from 4B to 1A in order to attempt to re-enlist.
2. Former Private Rin eceived Non-Judicial Punishment for his
illegal drug use and was reduced to the rank of private first
class. Subsequently, he was processed for administrative
separation for illegal drug use. This resulted in his
administrative separation on the basis of illegal drug use where
he received an Other than Honorable characterization of service
and further reduced to the rank of private. He was then separated
with a re-enlistment code of 4B. Although form es
current conduct is noteworthy, his separation and characterization
of service is based on actions performed during his Marine Corps
service.
Based on the above, this Headquarters recommends former
Ino on not receive favorable consideration.
4. Point of contact is Major Fenton at (703) 784-9306.
hort aruc—
S. M. HANSCOM
Head, Separation and
Retirement Branch
By direction of the Commandant
of the Marine Corps
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