DEPARTMENT OF THE NAVY
B O A R D FOR C O R R E C T I O N O F N A V A L RECORDS
2 NAVY ANNEX
W A S H I N G T O N DC 2 0 3 7 0 - 5 1 0 0
CRS
Docket No: 6184-02
27 January 2003
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 22 January 2003. 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 enlisted in the Navy on 16 June 1993.
You then served without incident until 17 January 1995, when you
received nonjudicial punishment for use of marijuana.
On 6 February 1995 the commanding officer recommended that you be
separated with an other than honorable discharge by reason of
misconduct due to drug abuse. 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 on 3 March 1995 you were discharged with an other
than honorable discharge. At that time, you were assigned a
reenlistment code of RE-4.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
immaturity. However, the Board concluded that these factors were
not sufficient to warrant recharacterization of your discharge,
given your ,use of drugs.
Applicable regulations require the assignment of an RE-4
reenlistment code when an individual is discharged due to
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 your reenlistment code.
Accordingly, your application has been denied. 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
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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