DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC’ 20370-5100- CRS
Docket No: 5738-06
22 November 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-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 25 October 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 enlisted in the Navy on 18 September
2003. The record reflects that on 19 April 2006 you received
nonjudicial punishment for use of marijuana.
On 10 May 2006 your 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 you were discharged on 2 June-2006 with an other
than honorable discharge by reason of misconduct. 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
unknowingly ingested marijuana at a party. ~ Nevertheless, the
Board concluded that these factors were not sufficient to warrant
recharacterization of your discharge, due to your use of drugs. .
Applicable regulations require the assignmént 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 PFEI
Executive Dir
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