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

SMW
Docket No: 6215-07
5 March 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 5 March 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.

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.

On 2 November 1998, you enlisted in the Marine Corps at age 19. On 20 December 1999 and 16 March 2000, you had nonjudicial punishment for two instances of underage drinking, drunk and disorderly conduct, and use of another Marine’s military identification card. On 16 August 2000, you were counseled regarding missing formation, and warned that further infractions could result in disciplinary action or administrative separation. On 12 December 2001, you were counseled regarding possession of marijuana and warned of the consequences of further infractions. On 18 December 2001, you were counseled regarding your urinalysis that tested positive for marijuana. On 29 January 2002, you were convicted by a special court-martial (SPCM) of two instances of violation of a lawful general order, possession of marijuana, communicating a threat, and use of marijuana. The court sentenced you to reduction in rank, confinement, and a bad conduct discharge (BCD). After the BCD was approved at all levels of review, on 24 July 2003, you were so discharged and assigned an RE-4B reenlistment code.

Regulations authorize the assignment of an RE-4B reenlistment code to members who are not recommended for reenlistment due to in-service drug involvement. Given your BCD that resulted from a conviction by a SPCM, and 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 the RE-4B reenlistment code. Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.

The Board did not consider whether the characterization of service or reason for separation should be changed, since you have not exhausted your administrative remedy of applying to the Naval Discharge Review Board (NDRB). You may apply to the NDRB by submitting the enclosed DD Form 293 to the address set forth on the form.

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