DEPARTMENT OF THE NAVY -
. BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BC | .
Docket No: 00254-14
12 March 2014
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 12 March 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 21 March 2007: Between 7. August 2009 and 13 January
2011, you received three counseling’s concerning your behavior
and failure to obey orders/regulations. On 4 May 2011, you
received nonjudicial punishment (NJP) for being in an
unauthorized absence (UA) status. On 13 March 2012, you
received counseling as you provided a urine sample which tested
positive for wrongful use of Marijuana. Your chain of command -
chose not to pursue any disciplinary action. You received
counseling informing you that you were not being recommended for
promotion | and that you would receive ‘an RE-4B (in-service drug
use) reentry code upon your separation,. which you refused to
sign.. You were released from active duty with an honorable
characterization of service on 20 ‘March (2012.
The Board, in its review of your entire record and application,
carefully weighed all. potentially mitigating factors present in
“your case, such as your many years of honorable service and
current desire to change your reentry code. However, the Board
found those factors insufficient to warrant any change in your
reentry code, given your incident of drug abuse. The Board also
noted that you were fortunate to receive an honorable discharge
since a separation under other than honorable conditions is
often directed when an individual is found to have committed
misconduct. 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,
TR panes
ROBERT D a Fea
Acting Executive Director
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