Y
DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 203704100
TJR
Docket No: 6290-98
20 May 1999
Dear
\
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 18 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
The Board found you enlisted in the Naval Reserve on 24 February
1994 and began a three year period of active duty on 23 December
1994.
in an unauthorized absence (UA) status for two days.
disciplinary action was taken for this period of UA.
Your record shows that on 14 and 15 November 1995 you were
However, no
The punishment imposed was restriction
Your record further reflects that on 18 January 1996 you received
nonjudicial punishment (NJP) for a six day period of UA, two
incidents of wrongful use of marijuana, and two incidents of
wrongful use of cocaine.
and extra duty for 45 days,
reduction to
forfeitures totaling $854.
Subsequently, you were notified that
administrative separation action had been initiated by reason of
misconduct due to drug abuse/use.
At this time you waived your
rights to consult with legal counsel or to present your case to
an administrative discharge board.
Shortly thereafter, on 26
January 1996, you received NJP for disorderly conduct.
punishment imposed was forfeitures totalling $500 and restriction
for seven days.
paygrade E-l, and
The
Subsequently, your commanding officer recommended you be issued
an other than honorable discharge by reason of misconduct due to
drug abuse.
your commanding officer to issue you an other than honorable
discharge by reason of misconduct due to drug abuse, and to
assigned you an RE-4 reenlistment code.
so discharged.
On 28 February 1996 the discharge authority directed
On 5 March 1996 you were
The Board, in its review of your entire record and application,
carefully considered all mitigating factors, such as your youth
and immaturity, and your contention that you would like your
reenlistment code changed so that you may reenlist.
further considered your contentions that you were unable to
reenlist because your wife's misconduct was taken into
consideration, and your performance was not properly recognized.
However, the Board found the evidence and materials submitted
were not sufficient to warrant a change of your reenlistment code
Further,
given the seriousness of your drug related misconduct.
an individual separated by reason of misconduct must receive an
RE-4 reenlistment code.
the Board concluded your reenlistment code was proper as issued
Accordingly, your application has
and no change is warranted.
been denied.
Given all the circumstances of your case
The Board
The Board also noted that you are entitled to submit the attached
Application for the Review of Discharge or Dismissal from the
Armed Forces of the United States (DD Form 293) to the Naval
Council of Personnel Boards, attention:
Board, Building 36, Fourth Floor, Washington Navy Yard, 901 M
Street, S. E., Washington,
upgrade of your discharge and a change in your narrative reason
for discharge.
DC 20374-5023 for consideration of an
Naval Discharge Review
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
You are entitled to have the
favorable action cannot be taken.
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
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