DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 719-11
26 October 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 October 2011. The names and votes of the
members of the panel will be furnished upon request. 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
injustice,
You enlisted in the Marine Corps on 4 September 1996 at age 18
and immediately began a period of active duty. Your served
without disciplinary incident until 15 April 1998, when you
received nonjudicial punishment (NIP) for wrongful use of
methamphetamine and were awarded reduction to paygrade E-2.
Subsequently, you were processed for an administrative separation
action by reason of misconduct due to drug abuse. After waiving
your procedural right to consult with legal counsel and to
present your case to an administrative discharge board (ADB) ,
your commanding officer recommended discharge under other than
honorable conditions by reason of misconduct due to drug abuse.
On 26 August 1998 the discharge authority approved this
recommendation and directed your commanding officer to issue you
an other than honorable discharge by reason of misconduct, and on
3 September 1998, you were 50 discharged. At that time you were
assigned an RE-4B reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to change your reenlistment code.
Nevertheless, the Board concluded these factors were not
sufficient to warrant relief in your case because of the
seriousness of your drug related misconduct. - Further, an RE-4B
reenlistment code is authorized when a Marine is discharged under
other than honorable conditions for in-service drug abuse.
Accordingly, your application has been denied.
The Board also noted that you are entitled to submit the attached
Application for the Review of Discharge or Dismissal from the
Armed Forces of the United States (DD Form 293) to the Naval
Council of Personnel Boards, attention: Naval Discharge Review
Board, 720 Kennon Street, &, E., Room 309, Washington Navy Yard,
Washington, DC 20374-5023 for consideration of an upgrade of your
discharge and a change in your narrative reason for discharge.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
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,
W. DEAN PFE
Executive Di r
Enclosure
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