DEPARTMENT OF THE NAVY
           BOARD FOR CORRECTION OF NAVAL RECORDS
                                          2 NAVY ANNEX
                                                  WASHINGTON DC 20370-5100	

	CRS
Docket No: 587-07
20 March 2007

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.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 February 2007. 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. The Board also considered the advisory opinion from Headquarters Marine Corps dated 16 January 2007, a copy of which is attached, and your rebuttal to the opinion.

After careful and Conscientious Consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice.

The Board found that you enlisted in the Marine Corps on 17 October 1995. On 16 January 1997 you received nonjudicial punishment (NJP) for use of marijuana.

Although the record provided to the Board does not contain the separation documents, it appears that your commanding officer recommended that you be separated with a general discharge by reason of misconduct due to drug abuse and, after review by the discharge authority, the recommendation for separation was approved. The record clearly shows that on 20 June 1997 you received a general discharge by reason of misconduct. At that time, you were assigned a reenlistment code of RE-4B.

In its review of your application the Board carefully weighed all potentially mitigating factors, such as your overall record of service. The Board also considered the contention that your urine sample tested positive for marijuana because you smoked a cigar that unbeknownst to you had been laced with marijuana. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge, due to the finding of the commanding officer at NJP that you used drugs. The Board also concurred with the comments contained in the advisory opinion. Since you have been treated no differently than others in your situation, the Board could not find an error or injustice in the assignment of your reenlistment code.

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,

W. DEAN PFEIFFER
	Executive Director

2

DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO. VIRGINIA 221 34-51 03

 			IN REPLY REFER TO:

										MMER/RE
										JAN 1 6 2007

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

Subj:	BCNR APPLICATION IN THE CASE OF FOPJ~4ER -I SUBJ: RECODE

End:	(1) NAVMC 118 (11)
	(2)	NAVMC	ll8(ll)a
	(3)	NAVMC	118(l1)b
	(4)	NAVMC	ll8(11)c
	(5)	NAVMC	118 (ll)d
	(6)	NAVMC	118 (12)
              (7)   DD Form 149 of 19 Oct 06

1.			service record has been reviewed and it has been   that his reenlistment code of RE-4B was correctly assigned. The reenlistment code was assigned based on his overall record and means that he was not recommended for reenlistment due to in-service drug involvement.

2.	was discharged Under Honorable Conditions (General) on June 20, 1997 by reason of misconduct. A review of the administrative portion of his service record indicates that he was counseled concerning being diagnosed as a drug abuser; drinking alcoholic beverages under the age of 21; and not being recommended for reenlistment. The disciplinary portion of the record shows that he received one nonjudicial punishment under the Uniform Code of Military Justice for wrongful use of marijuana. Enclosures (1) through (6) pertain.

3.	After a review of all relevant information, this Headquarters concurs in the professional evaluation of  qualifications for reenlistment at the time of separation. Once a code is correctly assigned it is not routinely changed or upgraded as a result of events that occur after separation or based merely on the passage of time.

4.	Enclosure (7) is returned for final action.

Review Branch
Personnel Management Division
By direction of the Commandant
of the Marine Corps