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NAVY | BCNR | CY2006 | 06529-06
Original file (06529-06.rtf) Auto-classification: Denied
                                             DEPARTMENT OF THE NAVY
                   BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
 Docket No: 6529-06
 8 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 31 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.
You enlisted in the Navy on 8 March 1983 at age 20. At that time, you signed the Navy’s statement of understanding pertaining to drug abuse. On 28 October 1985 you received nonjudicial punishment for an unauthorized absence of about 21 hours. About ten months later, on 6 August 1986 you received nonjudicial punishment for an unauthorized absence of about 11 days and use and possession of marijuana.
Based on the foregoing record, you were processed for an administrative discharge. At about that time, you told a medical officer that you were using marijuana two or three times a week and had used cocaine four times. In connection with the separation processing, you elected to waive the right to have your case heard by an administrative discharge board. After review, the separation authority directed a discharge under other than honorable conditions and you were so discharged on 12 September 1986. At that time, you were not recommended for reenlistment and were assigned an RE-4 reenlistment code.
In its review of your application the Board carefully weighed all potentially mitigating factors, such as your youth, and desire to once again serve in the military. The Board found that these factors were not sufficient to warrant recharacterization of your discharge given your record of misconduct. The Board concluded that the discharge was proper as issued and no change is warranted.
Regulations require the assignment of an RE-4 reenlistment code when an individual is discharged by reason of 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 the RE-4 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
2

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