DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS:
2 NAVY ANNEX
WASHINGTON DC 20370-5106
SIN
Docket No: 12160-08
2 September 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 25 August 2009. 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 entire
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 and began a period of active
duty on 26 May 1999 at age 18. On 2 April 2002, you received
nonjudicial punishment (NUP) for wrongful use of marijuana. You
received a reduction in paygrade and forfeiture of pay.
On 2 May 2002, 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).
On 3 May 2002, your commanding officer forwarded his
recommendation that you be discharged under other than honorable
conditions by reason of misconduct due to drug abuse. On
28 August 2002, the discharge authority directed an other than
honorable discharge by reason of misconduct due to drug abuse.
You were so discharged on 6 September 2002. At that time, you
were assigned an RE-4 reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and the
entire period of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant a change in the
reenlistment code due to your drug use. In this regard, an RE-4
reenlistment code is required when an individual is discharged
due to misconduct. 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 have not exhausted
your administrative remedy of 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,
Enclosure
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