DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No: 3049-02
29 August 2002
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the 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 27 August 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
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 record
You enlisted in the Navy on 20 June 1996 at age 18.
shows that you received two nonjudicial punishments for writing a
bad check, an unauthorized absence of about two days, absence
from your appointed place of duty and disobedience.
December 1998, a Navy drug laboratory reported that a urinalysis
showed that you had used cocaine.
On 11
Based on the foregoing record,
administrative discharge.
you elected to waive your procedural rights.
recommendation for discharge,
part, as follows:
you were processed for an
In connection with this processing,
the commanding officer stated, in
In his
He has three office hours which stem
(he) has consistently displayed himself as a below
average Sailor.
from his being UA on multiple occasions. Writing bad
checks, and even burning himself with a cigarette. . . . .
His command
diagnosed as having a severe personality disorder.
Recently, he received trial by summary court-martial
for testing positive for cocaine . . . .
reqested a psychiatric exam and he was
After review, the discharge authority directed your discharge
under other than honorable conditions by reason of misconduct,
and you were so discharged on 16 April 1999.
were not recommended for reenlistment and were assigned an RE-4
reenlistment code.
At that time, you
In its review of your application,
all potentially mitigating factors, such as your youth, the
documentation you submitted showing that you are an emergency
medical technician, and your contention that you have matured and
become a productive citizen.
The Board found that these factors
and contentions were not sufficient to warrant recharacterization
of your discharge given your disciplinary record and drug abuse.
The Board concluded that the discharge was proper as issued and
the Board carefully weighed
no change is warranted.
Regulations require the assignments of an RE-4 reenlistment code
when an individual is discharged under other than honorable
conditions by reason of misconduct.
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 the RE-4
reenlistment code.
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
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