DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE  1001
ARLINGTON,  VA  22204-2490

Docket No: 0910-19 
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.

A three-member panel of the Board, sitting in executive session, considered your application on 26 August 2019. 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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies.

Regarding your request for a personal appearance, the Board determined that a personal appearance, with or without counsel, would not materially add to their understanding of the issues involved. Therefore, the Board determined a personal appearance was not necessary and considered your case based on the evidence of record.

You enlisted in the Marine Corps and began a period of active duty on 23 March 2015. On 15 July 2016, you were counseled regarding two speeding for 28 and 31 miles over the limit. In August 2016, you cooperated with the Naval Criminal Investigative Service (NCIS) and admitted to the wrongful use, possession, and purchase of narcotics (heroin) while on active duty. On 3 October 2016, administrative discharge action was initiated by reason of misconduct due to drug abuse. You elected not to consult with Counsel and waived all your procedural rights. On 4 November 2016, your commanding officer recommended you receive a general discharge because of both your record prior to your admission of drug involvement and your assistance to NCIS and the  Police Department throughout a criminal investigation that resulted in the apprehension of a drug dealer who sold drugs on a federal installation. On 21 December 2016, you were counseled regarding assignment of reentry (RE) Code 4B, declined to make a rebuttal statement, and signed a statement that read: “I have been advised that Marines assigned this code are not eligible for promotion, reenlistment, commissioning, warrant officer programs, education programs, or involuntary separations pay.” On 23 December 2016, you received a general discharge from the Marine Corps.

You requested the Board upgrade your RE Code from RE-4 to RE-1, or any other code that will allow you to reenist with or without a waiver. You asserted that due to prior circumstances and conditions at the time of your discharge, as well as lack of judgment, it is unjust for a reenlistment code of RE-4.  You claimed it is in the Marine Corps’ interest as well as your own to be reconsidered for enlistment eligibility. The Board carefully weighed all potentially mitigating factors, such as your record of service and assertions. The Board concluded your mitigating factors were not sufficient to warrant a change to your discharge given your misconduct of heroin use, possession, and purchase. With respect to your contention that there were prior circumstances and conditions surrounding your discharge, the Board noted that you provided no evidence to support your assertions. Absent substantial evidence to the contrary, the Board relied upon the presumption of regularity and presumed officials acted in good faith following governing law and regulation.  Lastly, the Board noted you signed a page 11 entry fully explaining the consequences of your separation and RE Code of RE-4B.

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 the 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,