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NAVY | BCNR | CY2006 | 09944-06
Original file (09944-06.rtf) Auto-classification: Denied
-        DEPARTMENT OF THE NAVY
                                              BOARD FOR CORRECTION OF NAVAL RECORDS
                                                      2 NAVY ANNEX
                                              WASHINGTON DC 20370-B 100
                                                      CRS
                                                                                          Docket No: 9944-06
                                                                                          30 October 2007


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 17 October 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 enlisted in the Navy on 29 April 1985. On 3 November 1987 your urine tested posted for cocaine, but your commanding officer elected to retain you on active duty despite that result. On 13 May 1988 another urine specimen provided by you tested positive for cocaine.
On 19 February 1989 an administrative discharge board recommended that you be separated from the Navy with a discharge under other than honorable conditions by reason of misconduct due to drug abuse. After review by the discharge authority, the recommendation for separation was approved and on 18 May 1989 you were discharged in the rate of seaman (SN; E-3) with a discharge under other than honorable conditions, and assigned a reentry code of RE-4.
In its review of your application the Board carefully weighed all potentially mitigating factors, such as your good post service conduct and achievements and the contention that your two positive urinalyses resulted from your innocent ingestion of cocaine. The Board concluded that those factors were
 insufficient to warrant recharacterization of your discharge. The Board did not accept your unsubstantiated contention concerning the innocent ingestion of cocaine. It concluded that your post service conduct and achievements do not provide a basis for upgrading an adverse discharge imposed because of the repeated use of illegal drugs.
Applicable regulations require the assignment of an RE-4 reentry 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 that code in your case.
Concerning your request for advancement to petty officer third class, it is clear that even though you passed the promotion examination, you were not in a promotable status due to your second positive urinalysis for cocaine and subsequent discharge.
In view of the foregoing, 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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