DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BC
Docket No: 00306-14
31 July 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 30 July 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 27 July 2009. On 21 January 2010, you received
nonjudicial punishment (NJP) for failure to obey a general order
by wrongfully using a natural substance with intent to induce
intoxication. On 28 March 2013, you received counseling and
were informed that you were not recommended for promotion for
April 2013 due to immaturity and lack of judgment. On 26 July
2013, you were separated from active duty with an honorable
characterization of service, transferred to the Marine Corps
Reserve, and assigned an RE-4B (assigned when there is a
military or civil record of in-service illegal drug involvement
and no further potential for service) reentry code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors present in
your case, such as your overall record of service. 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,
FR BS Aa, ,
ROBERT D. “ZSALMAN
Acting Executive Director
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