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NAVY | BCNR | CY2006 | 04962-06
Original file (04962-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
          WASHINGTON DC 20370-5100


                                                     CRS
                                                      Docket No: 4962-06
                                                                                           6 October 2006



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-mem b er panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 September 2006. 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 reenlisted in the Navy on 3 December 1992 after more than five years of prior active service. The record reflects that on 13 June 1997, your commanding officer (CO) imposed nonjudicial punishment for possession of a controlled substance, conspiracy, being an accessory after the fact, and failure to obey a lawful order.
On 3 October 1997 an administrative discharge board (ADB) recommended that you be separated with a general discharge by reason of misconduct due to commission of a serious offense. After review by the discharge authority, the recommendation for separation was approved and on 25 November 1997 you received a general 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 contention that you were not guilty of the charges. However, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge, given the seriousness of
                   your misconduct. In this regard, a review of the ADB proceedings reveals that there was sufficient evidence for the CO and the ADB to conclude that you committed the misconduct.
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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