DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
, 2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 9936-06
25 January 2008
States Code section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 12 December 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 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 9 July 2004
after more than eight years of prior active service. On 28
February 2006, an administrative discharge board (ADB)
i pite your admitting that you used drugs
during your first enlistment. Your commanding officer also
recommended retention but stated that an erroneous enlistment
discharge was an option. On 25 May 2006 the Navy Personnel
Command (NPC) directed that another ADB be convened due to your
Sworn admission of drug use. The command was also advised that
the Assistant Secretary of the Navy for Manpower and Reserve
Affairs (ASN) would review the recommendation. On 19 June 2006,
after you waived a second ADB, your commanding officer
recommended that you be separated with an honorable discharge by
reason of best interest of the service. On 18 July 2006 the NPC
advised your command that ASN had approved the recommendation.
On 2 August 2006 you received an honorable discharge by reason of
best interest of the service and were assigned a reentry code of
RE-4.
Applicable regulations permit the assignment of an RE-4 reentry
code when an individual is discharged for the best interest of
the service. As the separation authority determined that you
lacked potential for future productive service, and that you had
disregard for Navy core values, a reentry code of RE-4 was
properly assigned in your case. Accordingly, and as you have not
demonstrated that it would be in the interest of justice for the
Board to change that code, 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,
ia
W. DEAN PF
Executive oO
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