DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TRG
Docket No: 6370-07
30 January 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 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You reenlisted in the Navy on 31 January 2005 after four years of
active duty on a prior enlistment. You then served without
incident for about two years. On 15 February 2007, you received
nonjudicial punishment for use of a controlled substance.
Although the discharge processing documentation is not filed in
your record, it is clear that you were processed for an
administrative discharge by reason of misconduct due to drug
abuse. On 14 March 2007 you were discharged under other than
honorable conditions by reason of drug abuse. At that time, you
were not recommended for reenlistment and were assigned an RE-4
reenlistment code.
Regulations require the assignment of an RE-4 reenlistment code
when an individual is discharged under other than honorable
conditions by reason of drug abuse. Since you have been treated
no differently than others in your Situation, the Board concluded
that the discharge was proper as assigned and no change is
warranted.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
The Board is prohibited from reviewing discharges or reasons for
discharge in cases such as yours until the case has first been
reviewed by the Naval Discharge Review Board (NDRB). In order to
petition the NDRB, you must complete the enclosed application, DD
Form 293, and send it to the address indicated 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 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,
Doan
W. DEAN PFEIR®F
Executive Di ther
Enclosure
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