DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BC
Docket No: 09471-13
10 Merch 2014
po aS
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 26 February 2014. 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 6 September 2005. On 25 July 2007, you were convicted
by a summary court-martial (SCM) of wrongful use of a controlled
substance and sentenced to forfeiture of $867, reduction in pay
grade and confinement for 30 days. On 21 May 2009, you received
counseling and acknowledged that you would be assigned an RE-4
reentry code upon your separation. You were honorably released
from active duty on 29 September 2009, with an honorable release
from active duty characterization of service and assigned a RE-4
reentry code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors in your
case. However, the Board found those factors insufficient to
warrant any change in your reentry code, due to your SCM
conviction. Concerning your contention that you were told by
your regimental commander that you would be able to reenlist or
extend, the Board could find no evidence in your record to
substantiate your claim. 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,
ek SS Sateen
ROBERT D. ZSALMAN
Acting Executive Director
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