DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 203704100
CRS
Docket No:
21 May 1999
679-99
Dear
This is in reference to your
naval record pursuant to the
States Code, Section 1552.
application for correction of your
provisions of Title 10, United
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 19 May 1999.
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.
Your allegations of error and
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.
The Board found that you enlisted in the Navy on 11 March 1997 at
age 18.
Your record reflects that you received nonjudicial
The
punishment and were convicted by two summary courts-martial.
offenses included unauthorized absences totalling seven days,
failure to obey a lawful order on three occasions, use and
possession of marijuana, use of methamphetamine on two occasions,
obstructing justice, and breaking restriction.
On 30 October 1997 the commanding officer recommended that you be
separated with an other than honorable discharge by reason of
misconduct due to drug abuse and commission of a serious offense.
you elected to waive your
When informed of the recommendation,
right to present your case to an adminstrative discharge board.
After review by the discharge authority, the recommendation for
separation was approved and you were discharged with an other
than honorable discharge by reason of misconduct due to drug
At that time you were assigned a
abuse on 13 November 1997.
reenlistment code of RE-4.
Regulations require the assignment of an RE-4 reenlistment code
In this
when an individual is discharged due to misconduct;
regard, the Board noted that the record clearly indicates that
Since you have been
you committed misconduct by using drugs.
treated no differently than others in your situation, the Board
could not find an error or injustice in the assignment of your
reenlistment code.
denied.
furnished upon request.
The names and votes of the members of the panel will be
Accordingly, your application has been
The Board did not consider whether your characterization of
service should be changed,
since you did not ask for such
consideration and you have not exhausted your administrative
remedy by applying to the Naval Discharge Review Board (NDRB).
You may apply to NDRB by submitting the attached DD Form 293.
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
2
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