DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 03985-07
4 February 2008
your application for correction of your
the provisions of Title 10 of the United
This is in reference to
naval recerd pursuant to
States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 24 January 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 15 October 1985 at age 17.
the period from 26 September 1986 to 23 December 1988 you
received five nonjudicial punishments (NJP’s) for dereliction of
duty, false or unauthorized pass offenses, a brief unauthorized
absence (UA), six specifications of absence from your appointed
place of duty, and wrongful use of cocaine.
On 31 December 1988, administrative discharge action was
initiated to separate you by reason of misconduct due to drug
abuse. You waived your rights to consult counsel, submit a
statement or have your case heard by an administrative discharge
board (ADB). On 9 January 1989, your commanding officer
forwarded his recommendation that you be discharged under other
than honorable conditions by reason of misconduct due to drug
abuse. You were so discharged on 15 January 1989. at that time,
you were 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
your youth, overall record of service, and the issues you were
contending with that, you stated, lead to your misconduct.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge or a
change to your reenlistment code because of your misconduct that
resulted in six NUP’s, one of which was for drug use. Further,
an RE-4 reenlistment code is authorized when an individual is
discharged due to misconduct. The Board also noted that you
waived the right to an ADB, your best opportunity for retention
or a better characterization of service. 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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