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

					SMW
									Docket No: 7621-07 
									18 June 2008

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 14 May 2008. 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. In addition, the Board considered the advisory opinion furnished by Headquarters Marine Corps Performance Evaluation Review Branch, a copy of which is attached.

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. In this regard, the Board substantially concurred with the comments contained in the advisory opinion, but noted that you were administratively separated by reason of misconduct due to drug abuse (board required but waived) 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

Enclosure
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
						QUANTICO, VA 221 34-5103

				IN REPLY REFER TO:
										1040
										MMER / RE 28 Apr 08

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NVAI~ RECORDS

Subj:	BCNR APPLICATION IN THE CASE OF FORMER 
SUBJ: RE-CODE

End:	(1) CG, FSSG l910/itr of 24 May 96
(3)	CO, CSSG—1 1910/ltr of 29 Apr 96
(4)	NavMC 1118 (12)
(5)	NavMC 118 (11)
	(6)      DD Form 149 of 13 Aug 07
	
1.	service record has been reviewed and it has been determined that his reenlistment code was correctly assigned and was based on his overall record. At the time of separation he was assigned a reenlistment code of RE-4B, which is assigned when there is a military or civil record of in-service illegal drug involvement, and there is no potential for further service -

2.	 was administratively discharged from the U.S. Marine Corps Under Other Than Honorable Conditions on 7 June 1996. A review of  service records indicates that he was administratively separate for misconduct, specifically Drug abuse (with board) . Also of note, the disciplinary portion of record shows that he received one nonjudicial punishment on 13 March 1996 for violating article ll2a of the Uniform Code of Military Justice. Lastly, received a counseling entry informing him that he was not recommended for promotion to Corporal due to testing positive for drugs.

3.	After a review of all relevant information, this Headquarters concurs in the professional evaluation of qualifications for reenlistment at the time of separation, acknowledges that reenlistment code assigned and characterization o service given to him at the time of separation to be correct. Mr. Dodd is misinformed and his attention is invited to paragraph 4103.1, MCO Pl040.3lJ which will clear up his misunderstanding. Once a code is correctly assigned it is not routinely changed or upgraded as a result of events that occur after separation or based on merely on the passage of time.

4 Enclosure (6) is returned for final

Head, Performance Evaluation
Review Branch
Personnel Management Division
By the direction of the Commandant
Of the Marine Corps