DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJIN
Docket No: 04147-07
6 February 2008
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 29 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 reenlisted in the Navy on 14 March 1986 after serving over
three years of honorable service. You served over 11 years
without incident until 21 March 1997 when you received
nonjudicial punishment (NJP) for wrongful use of cocaine.
On 31 March 1997, you were notified of pending administrative
separation action by reason of misconduct due to drug abuse.
You elected to consult with legal counsel and requested an
administrative discharge board (ADB).
On 14 May 1997, an ADB unanimously found that you had committed
misconduct due to drug abuse, and recommended discharge under
honorable conditions. Subsequently, your commanding officer
concurred with the ADB and forwarded your case to the discharge
authority for review. On 14 July 1997, the discharge authority
directed a general discharge by reason of misconduct. On
27 July 1997 you were so discharged. 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 prior honorable service, Good Conduct medals, Navy
Achievement Medal, and overall record of your last period of
service. Nevertheless, the Board found that these factors were
not sufficient to warrant a change to your reenlistment code
given your NJP for drug abuse. In this regard, an RE-4
reenlistment code is required when a Sailor is discharged 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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