DEPARTMENT OF THE NAVY
BOARD FOR GORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 5669-08
20 October 2008
From: Chairman, Board for Correction of Naval Records
Lox Secretary of the Navy
Sub}: REVIEW OF NAVAL RECORD OF 4
Ref: (a) 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
enlisted member of the Marine Corps and current member of the Marine
Corps Reserve, applied to this Board requesting to change the RE-4B
reenlistment code that was issued on 19 January 2008, when he was
honorably released from active duty.
2. The Board, consisting of Ms. a. Mr. QM and
Mr . ananaiss. reviewed Petitioner's allegations of error and
injustice on 16 October 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 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 20 January 2004, Petitioner enlisted in the Marine Corps at
age 23. On 5 November 2004, he was counseled regarding his
urinalysis testing positive for marijuana and warned that failure to
take corrective action could result in administrative separation. On
1 December 2004, he had nonjudicial punishment (NJP) for use of
marijuana. His commanding officer subsequently initiated
administrative separation by reason of misconduct due to drug abuse.
In connection with this processing, he would have acknowledged that
separation could result in an other than honorable (OTH) discharge
and apparently waived the right to have his case heard by an
administrative discharge board. On 11 March 2005, the separation
authority approved the discharge recommendation and directed an OTH
discharge by reason of misconduct due to drug abuse, but suspended
the discharge for a period of 12 months. He then served without
incident, attained pay grade E-3, and was awarded the Good Conduct
Medal (GCM) on 1 December 2007. On 19 January 2008, he was honorably
released from active duty due to completion of required active
service and assigned an RE-4B reenlistment code. At that time his
average proficiency and conduct marks in service were both 4.0, and
in grade marks were 4.4 and 4.5, respectively.
dad. Attached to enclosure (1) is an advisory opinion from the
Headquarters Marine Corps, Performance Evaluation Review Board
(PERB), which states, in part, as follows:
...On January 19, 2008, [Petitioner] was honorably
discharged by reason of completing required active
service. At the time of separation, [he] was
assigned a reenlistment code of RE-4B, which
indicates he was not recommended for reenlistment
due to in-service drug involvement. A review of
the administrative portion of his record indicates
that he was counseled on his illegal drug use, not
eligible for promotion to Private First Class,
recommendation [sic] for possible separation
from active service. The disciplinary portion of
the record shows that he received one [NJP]...for
use of marijuana.
|. After a review of all relevant information, we
concur with the professional evaluation of [his]
qualifications for reenlistment at the time of
separation. Since his reenlistment code is correctly
assigned, no change is warranted...
e. In his application, Petitioner states in essence that he
believes the reenlistment code was a mistake that resulted from
career planning interviews conducted outside of his command on
holidays. He further states that he believes his situation is unique
because he maintained high proficiency and conduct marks, was awarded
a GCM, honorably completed his service, and is still a member of the
Marine Corps Reserve. He requests to change the reenlistment code so
that he can continue to serve in the reserves.
f. Regulations state that service members who have confirmed
illegal use, possession, sale, or distribution of a controlled
substance will not be granted a waiver to reenlist. Regulations
further direct assignment of an RE-4B reenlistment code when a
service member has a military or civil record of in-service illegal
drug involvement and there is no potential for further service.
Regulations also authorize assignment of an RE-3C reenlistment code
when a service tember is not eligible for reenlistment and a
disqualifying factor is not covered by any other code.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants relief.
Specifically, the Board finds that his disciplinary action, suspended
discharge, and honorable release from active duty are in accordance
with regulations. However, the Board finds that his disciplinary
action and suspended discharge occurred almost three years before he
was honorably released from active duty. The Board further finds
that he is still a member of the Marine Corps Individual Ready
Reserve and is subject to recall to active duty at any time.
Therefore, the Board finds that he does not fully meet the
requirements for assignment of an RE-4B reenlistment code, since he
does have potential for further service. The Board further considers |
his above average proficiency and conduct marks and the awarding of
the GCM. Therefore, the Board finds that the RE-4B reenlistment code
should be changed to an RE-3C.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that he
was assigned an RE-3C reenlistment code on 19 January 2008, vice the
RE-4B.
b. That this Report of Proceedings be filed in Petitioner’s naval
record so that all future reviewers will understand the reason for
the change in his 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 Vo
Recorder Acting Recorder
5, The foregoing action of the Board is submitted for your review and
action.
\
LQou
W. DEAN PFEIFFS
Executive Dir
Reviewed and approved:
Qasim. C8:
\B -3BlL- OD
Robert T. Cali
Assistant General Counsel]
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