DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No:
11 October 2001
2870-01
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 11 October 2001.
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 reenlisted in the Navy on 8 June 1982
after four years of prior active service.
The record reflects
that you received two nonjudicial punishments.
included use of a controlled substance on two occasions and theft
of a government vehicle.
The offenses
On 22 February 1985 the commanding officer recommended that you
be separated with an other than honorable discharge by reason of
misconduct due to drug abuse.
recommendation, you elected to waive your right to present your
case to an administrative discharge board.
discharge authority,
approved and you were discharged with an other than honorable
discharge on 4 March 1985.
At the time you were assigned a
reenlistment code of RE-4.
the recommendation for separation was
When informed of the
After review by the
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
However, the Board concluded that these factors were
immaturity.
not sufficient to warrant recharacterization of your discharge or
change the reason for discharge,
punishments and your repetitive involvement with drugs.
given the two nonjudicial
Applicable regulations require the assignment of an RE-4
reenlistment code when an individual is discharged due to
misconduct.
clearly indicates that you committed misconduct by using drugs.
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.
the Board noted that the record
In this regard,
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
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
2
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