Docket No:  1352-20 
Ref: Signature date 
    
  
Dear : 
 
This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.     
 
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 21 April 2020.  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, relevant portions of your naval record, applicable statutes, regulations, and policies. 
  
During the enlistment process, on 20 April 2007, you signed a statement of understanding on the Marine Corps Policy Concerning Illegal Use of Drugs.  On 10 September 2007, you began active duty.  On 4 February 2008, you received nonjudicial punishment (NJP) for wrongfully using cocaine.  The same day you were counseled that you would be processed for administrative separation for drug use.  On 17 February 2008, you were counseled that your under other than honorable conditions discharge for misconduct due to drug abuse was suspended for twelve months.  Prior to your discharge you were counseled that you were not eligible, nor recommended for reenlistment due to a conviction for illegal drug use on contract and you would be assigned a reenlistment code of RE-4B.  On 9 September 2001, you were discharged at the completion of your required active service with a KBK1 separation code, honorable characterization of service, and a RE-4B reentry code.  
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your reentry code and contention that the KBK1 separation code contradicts the RE-4B reentry code.  The Board considered your character reference letters and assertion that you are seeking gainful employment and wish to be hired by an organization that offers health benefits for you and your child.  The Board also considered your contention that   County has 53,000 veterans and their knowledge of DD Form 214 information caused you to be underemployed for the last eight years.  The Board concluded these factors and assertions were not sufficient to warrant a change to your reentry code, given your NJP for drug use.  The RE-4B reentry code is appropriate when there is in an in-service conviction for drug use and may be used in conjunction with the KBK1 separation code. 
 
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 matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or 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,