DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
FC
Docket No:08200-02
27 February 2003
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 20 February
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 28 May 1998 at age 20.
You then served without incident until 17 September 1999, when you
received nonjudicial punishment (NJP) for a 15-day period of unauthorized
absence and missing ship’s movement. You were awarded restriction,
forfeitures of pay, and a suspended reduction in rate. On 21 August 2000,
you received a second NJP for assault consummated by battery. You were
awarded restriction and extra duty and forfeitures of pay.
On 20 March 2001, you received a third NJP for use and possession of
marijuana and were awarded restriction and extra duty, forfeitures of
pay, and reduction in rate.
On 30 March 2001, you were informed of that administrative separation
action had been initiated by reason of misconduct due
I ~
to drug abuse. Subsequently, you waived all your procedural rights. On 16
April 2001 after the separation authority approved the commanding officer’s
recommendation, you were separated with an other than honorable discharge
and assigned an RE-4 reenlistment code.
In its review of your case, the Board carefully weighed all factors such as
your desire to return to active duty. However, the Board found that this
factor was not sufficient to warrant recharacterization of your discharge,
a more favorable reason for separation, or a more favorable reenlistment
code given your repetitive misconduct and especially the use and possession
of drugs. Further, an RE-4 reenlistment code is required when an individual
is separated by reason of misconduct. 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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