DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TIR
Docket No: 6885-06
22 March 2007
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 March 2007. 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 7 July 2005 at age 18. A month
later, on 11 August 2005, you received nonjudicial punishment
(NJP) for inappropriate physical contact with another recruit by
repeatedly grabbing a Sailor’s buttocks.
On 18 August 2005 you reported that you had smoked marijuana and
used cocaine prior to enlistment. You stated that you did not
say anything during the moment-of-truth because you were scared.
You further stated that you did not tell the recruiter about
this drug use. Subsequently, you were referred for evaluation
due to feeling depressed and hopeless. After undergoing a
psychiatric evaluation, you were diagnosed with an adjustment
Gisorder with a depressed mood.
On 24 August 2005 you were notified of pending administrative
separation action by reason of misconduct due to commission of a
serious offense and fraudulent entry due to failure to disclose
pre-service drug abuse. At that time you waived your right to
consult with legal counsel and to submit a statement in rebuttal
to the aforementioned notification. On 29 August 2005 the
discharge authority directed an uncharacterized entry level
separation by reason of misconduct and fraudulent entry and on 8
September 2005 you were so separated and assigned an RE-4
reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as you
youth and assertion that you were wrongfully accused of
misconduct. It also considered your assertion that you wanted to
get out of the Navy and said whatever was necessary to do so.
Nevertheless, the Board concluded these factors were not
sufficient to warrant a change in your characterization of
service, reenlistment code, or narrative reason for separation.
The Board concluded that your misconduct and failure to disclose
pre-service drug abuse were sufficient to support the type of
discharge and assignment of an RE-4 reenlistment code. Such a
code is required when Sailors are separated due to 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,
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