DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BC
Docket No: 00298-14_
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 10 June 2002. On 26 January 2007, you received
nonjudicial punishment (NJP) for wrongful use of marijuana. On
26 February 2008, you received counseling and acknowledged that
_-you were not recommended for promotion for 18 months due to. drug
use. On 28 September 2009, you received. counseling and
acknowledged that you were not recommended for retention and
would receive an RE-4B (in-service drug use) reentry code upon
_ >. your separation. You were separated on 17 ‘October 2009, with an
honorable. characterization of service and assigned an RE-4B, as
required by governing directives: ma
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.
However, the Board found those factors insufficient to warrant
any change in your reentry code, given your record of wrongful
drug use. 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,
(Rt. at
ROBERT D. ZSALMAN
Acting Executive Director
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