DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JDR
Docket No: 4676-14
11 May 2015
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.
Although your application was not filed in a timely manner, the
Board found it in the interest of justice to waive the statute
of limitations and consider your application on its merits. A
three-member panel of the Board for Correction of Naval. Records,
sitting in executive session, considered your application on
1 May 2015. The names and votes of the members of the panel
will be furnished upon request. 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, began a period of active duty
on 15 September 2003, and served for about 15 months without
disciplinary incident. However, on 6 January 2005, you were
formally counseled for wrongful use of a controlled substance.
On 22 June 2007, you were counseled and advised that you would
be assigned a reentry code of RE-4B upon separation as a result
of your admitted substance abuse. On 17 September 2007, at the
expiration of your enlistment, you were honorably released from
active duty. At that time, you were assigned an RE-4B reentry
code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service and desire to upgrade your reentry code.
The Board also considered your assertion that your reentry code
is the result of an administrative error. Nevertheless, based
on the information currently contained in your record, the Board
concluded these factors were not sufficient to warrant a change
of your reentry code, given your wrongful use of a controlled
substance. In regard to your assertion, the Board noted that
the record contains documented evidence that the assignment of
an RE-4B reentry code was not due to an administrative error and
WaS appropriate for your situation. Accordingly, your
application has been denied.
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 within one year from the date of the Board's
decision. New evidence is evidence not previously considered by
the Board prior to making its decision in your case. [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,
ROBERT J. O’NEILL
Executive Director
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