DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
TRG
WASHINGTON DC 20370-5100 Docket No: 2367-08
20 November 2008
ides
ae
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 18 November 2008. 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 1 June 2000 at age 18 for four years.
On 26 April 2002 you reenlisted for six years. You then served
without incident for over three years. On 1 July 2005 the Navy
Drug Laboratory reported that you had tested positive for using
Marijuana and ecstasy. Nonjudicial punishment was held on 21
September 2005 for wrongful use of drugs. The punishment imposed
included a reduction in rate, forfeitures of pay, restriction and
extra duty.
Based on your use of drugs, you were processed for an
administrative discharge. In connection with that processing,
you elected to waive the right to have your case heard by an
administrative discharge board. After review, the separation
authority directed discharge under other than honorable
conditions and you were so discharged on 24 October 2005. 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 period of good
service and contention, in effect, that your command's
involvement in the recovery from Hurricane Katrina led to delay
and impacted your ability to contest the charges against you.
The Board found that these factors and contention were not
sufficient to warrant recharacterization of your discharge given
your record of drug abuse. 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 receives a discharge under other than
honorable conditions and when the reason for discharge is
misconduct due to drug abuse. Since you have been treated no
differently than others discharged for that reason, 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.
Although you reenlisted early, it is clear that you served
honorably for over five years and accordingly completed the four
year period for which you initially enlisted. Therefore, you may
be eligible for veterans' benefits based on your initial period
of good service. However, the decision to grant benefits is a
matter under the cognizance of the Department of Veterans
Affairs.
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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