DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
FC
Docket No:08258-02
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 23 May 1984 at age 19. On
18 September 1984, you received nonjudicial punishment (NJP) for copying
answers to a test for the purpose of passing them to other trainees. You
were awarded a forfeiture of pay. On 28 February 1985, you received a
second NJP for use of marijuana and were awarded restriction, forfeitures
of pay, and a reduction in rate. On 21 March 1985, you received a third
NJP for unauthorized absence, disobedience, disrespect, and dereliction of
duties. You were awarded forfeitures of pay and confinement on bread and
water for 3 days.
On 28 March 1985, you were informed that administrative separation action
had been initiated by reason of misconduct due to pattern of misconduct
and drug abuse. Subsequently, you waived all of your procedural rights. On
16 April 1985, the
commanding officer recommended separation by reason of misconduct. On 9 May
1985, the separation authority approved the commanding officer’s
recommendation, and on 16 May 1985, you were discharged under other than
honorable conditions and assigned a reenlistment code of RE-4.
In its review of your case, the Board carefully weighed all factors such as
your youth and immaturity, the length of time that has passed since you
were discharged from the Navy and your desire to return to active duty.
However, the Board found that these factors were not sufficient to warrant
recharacterization Qf your discharge or a more favorable reenlistment code
given your repetitive misconduct and the use 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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