DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
ELP
Docket No. 4373-01
18 October 2001
Dea
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
Your allegations of error and injustice were
A three-member panel of the Board for Correction of Navy Records,
sitting in executive session,
17 October 2001.
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.
considered your application on
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 record reflects that on 28 April 2000,
The Board found that you enlisted in the Navy on 9 June 1999 for
four years at age 18.
an Evaluation Report and Counseling Record was submitted after
you received nonjudicial punishment
(NJP) for an unspecified
period of unauthorized absence.
suspended reduction in rate to YNSR (E-l), 30 days of correc-
tional custody, and forfeiture of one-half of one month's pay.
Additionally, you were counseled regarding your misconduct and
warned that failure to take corrective could result in separation
under other than honorable conditions.
Punishment imposed was a
On 2 October 2000 you received a second NJP for failure to obey a
lawful regulation and use of a controlled substance.
reduction in rate suspended on 28 April 2000 was vacated, and
forfeitures of $502.60 per month for two months were imposed.
The
On 3 October 2000 you were notified that discharge under other
than honorable conditions was being considered by reason of
misconduct due to drug abuse and a pattern of misconduct.
You
were advised of your procedural rights, declined to consult wit
legal counsel or submit a statement in your own behalf, and
waived the right to present your case to an administrative
discharge board (ADB).
recommended discharge under other than honorable conditions by
reason of misconduct due to a positive urinalysis.
Thereafter, the commanding officer
:h
On 27 October 2000 the discharge authority directed an other
honorable discharge by reason of misconduct due to drug abuse.
You were so discharged on 28 November 2000 with an RE-4
reenlistment code.
time from 30 October to 19 November 2000, for which no
disciplinary action was taken.
Your DD Form 214 also shows a period of lost
thal
out of the
The Board noted your de
ru
In its review of your application the Board conducted a careful
search of your service record for any mitigating factors which
might warrant recharacteriza
in your reenlistment code.
changes could be found.
in the Army and your contention that you were
Navy after a positive urinalysis without any
rehabilitation.
The Board concluded that you
insufficient to warrant recharacterization of
given your record of two
NJPs, one for use o
substance, and 20 days of lost time for whi
action is shown in the record.
diagnosed as being drug
treatment.
Department of Veterans' Affairs treatment facility prior to an
individual's separation, and does not terminate the discharge
processing action or change the characterization of service.
Available records do not show that you were drug dependent.
Further, the Board noted the aggravating factor that you waived
an ADB, the one opportunity you had to show why you should be
retained or discharged under honorable conditions.
require the assignment of an RE-4 reenlistment code to indivi-
The
duals discharged by reason of misconduct due to drug abuse.
Board thus concluded that the discharge and reenlistment code are
proper and no changes are warranted.
cation has been denied. The names and votes of the members of the
panel will be furnished upon request.
This treatment is normally acco
dependen
Regulations
Accordingly, your appli-
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
You are entitled to have
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
3
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