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NAVY | BCNR | CY2007 | 06102-07
Original file (06102-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASH NGTON DC 203 70-5100




 SMW
          Docket No: 6102-07
 28 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
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 February 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.
On 18 July 1991, you enlisted in the Navy at age 19. On 28 August 1993, you disclosed that you had a drinking and drug problem, and used cocaine on 27 August 1993. On 7 October 1993, you had nonjudicial punishment (NJP) for use of a controlled substance. On 17 November 1993, your commanding officer initiated administrative separation by reason of misconduct due to commission of a serious offense. In connection with this processing, you would have acknowledged that separation could result in an undesirable discharge (UD) and been given an opportunity to have your case heard by an administrative discharge board (ADB). On 26 November 1993, a medical evaluation found that you had no alcohol or drug dependency and recommended separation. On 15 December 1993, the separation authority approved the separation recommendation and directed a UD by reason of misconduct due to commission of a serious offense. On 4 January 1994, you were so discharged and assigned an RE-4 reenlistment code.

Regulations authorize the assignment of an RE-4 reenlistment code to members who are discharged by reason of misconduct. Given the reason for discharge and 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 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.

The Board did not consider whether the reason for separation or characterization of service should be changed, since you have not exhausted your administrative remedy of applying to the Naval Discharge Review Board (NDRB). You may apply to the NDRB by submitting the enclosed DD Form 293 to the address set forth on the form.
It is regretted that the circumstances, of your case are such that favorable action cannot be taken. You are entitled to have the Board reco nsider it 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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