DEPARTMENT OF THE NAVY
and the contention that you were innocent of the drug charge. However, the Board concluded that these factors were not sufficient to warrant upgrading your discharge. In this regard, there is no evidence in the record to support your contention of innocence, and you submitted no such evidence. Therefore, the Board concluded that no change to the discharge is warranted.
Regulations require the assignment of an RE-4 reenlistment code when an individual is discharged due to misconduct. 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
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