DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BJG
Docket No: 4388-13
11 July 2013
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 9 July 2013. 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Marine Corps and entered active duty on 27
April 2009. On 12 July 2010, you voluntarily admitted to
wrongfully using “Spice”, a type of synthetic cannabis. On 14
July 2010, you accepted nonjudicial punishment (NJP) rather than
demand a court-martial. On the same day, you were found guilty
at NUP of the wrongful possession of “Spice”. You did not
appeal. You were then notified that you were being recommended
for administrative separation with an other than honorable (OTH)
characterization of service due to misconduct. You exercised
your procedural right to have your case heard by an
administrative discharge board, which met, found that you had
committed misconduct, and recommended that you be separated with
an OTH characterization of service. On 14 January 2011, you
were so separated, and assigned an RE-4 (not recommended for
retention) reentry code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
allegation that the membership of your ADB was flawed. However,
the Board concluded that you were correctly assigned the RE-4
reentry code in light of your admitted possession and use of
“Spice”. Regarding your allegation, the Board found that the
membership of the ADB was concurred with by defense counsel.
You are advised that the mere passage of time or post service
good conduct do not require the upgrade of a reentry code.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon
request.
Since your discharge is less than 15 years old, you have not
exhausted your administrative remedy of applying to the Naval
Discharge Review Board (NDRB) for a possible discharge upgrade.
I have enclosed NDRB’s application form for your convenience.
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,
Wy Neos
Executive
Enclosure
NAVY | BCNR | CY2012 | 00459 12
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. You requested to have your case heard by an administrative discharge board (ADB). The Board did not consider whether your discharge should be upgraded due to the fact that since it is less than 15 years old, you must first apply to the Navy Discharge Review Board (NDRB).
NAVY | DRB | 2011_Navy | ND1101434
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NAVY | BCNR | CY2009 | 00102-09
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NAVY | BCNR | CY2013 | NR775 13
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