DEPARTMENT OF THE NAVY.
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 3004-01
16 May 2001
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 16 May 2001. 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, together with all material submitted in support thereof, your
naval record and applicable statutes, regulations and policies.
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 after more than three
years of prior active service. The record reflects that you received
nonjudicial punishment and were convicted by a summary court—martial. The
offenses included drunken driving and use and possession of marijuana.
On 22 May 1999 the commanding officer recommended that you be separated
with an other than honorable discharge due to drug abuse and commission of
a serious offense. When informed of the recommendation, you elected to
waive the right to present your case to an administrative 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 abuse on 11 June 1999. At
that time you were assigned a reenlistment code of
RE-4.
Applicable regulations require the assignment of an RE-4 reenlistment code
when an individual is discharged due to
misconduct. In this regard, the Board noted that the record 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.
Accordingly, your application has been denied. The names and votes of the
members of the panel will be furnished upon request.
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
NAVY | BCNR | CY2002 | 00607-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 February 2001. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2001 | 05440-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 July 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. Applicable...
NAVY | BCNR | CY2001 | 06821-00
You were so discharged on However, there is no right to counsel An individual may You request a review of the NJP that was imposed in August 1999. evidence, a presumption exists that there was no abuse of discretion when NJP was imposed in August or September 1999. 2 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.
NAVY | BCNR | CY1999 | 00679-99
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. 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...
NAVY | BCNR | CY2002 | 03350-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 May 2002. your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. 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.
NAVY | BCNR | CY2008 | 12160-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 August 2009. 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. Nevertheless, the Board concluded these factors were not sufficient to warrant a change in the reenlistment code due to your drug use.
NAVY | BCNR | CY2007 | 06623-07
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.After careful and conscientious consideration of the enable record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice.You enlisted in the Marine Corps on 29 August 2000 at age 17. In this regard, an RE-4 reenlistment...
NAVY | BCNR | CY2002 | 10245-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 December 2002. your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. After review by the discharge authority, the recommendation was approved and on 1 June 2001 you received an other than honorable discharge by reason of misconduct due to drug abuse.
NAVY | BCNR | CY2002 | 09325-02
The record appears to indicate that you were confined during the period of 6 to 30 December 1999. Therefore it appears that although you were not an unauthorized absentee during this period, time lost since you were serving the confinement adjudged at the The names SCM. 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.
NAVY | BCNR | CY2002 | 05189-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 July 2002. 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 together'with all material submitted in support Your allegations of error and After careful and conscientious consideration of the entire record, the Board found...