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NAVY | BCNR | CY2007 | 07074-07
Original file (07074-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                  2 NAVY ANNEX
WASHINGTON DC 2O37O-5100

 TJR
Docket No: 7074-07
22 May 2008








This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, United States Code, Section 1552.
A three—me mb er panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 May 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 1 December 2004 at age 19. You served without disciplinary incident until 8 June 2005, when you received nonjudicial punishment (NJP) for three periods of unauthorized absence (UA) totalling 21 days and absence from your appointed place of duty. About three months later, on 21 September 2005, you were convicted by summary court-martial (SCM) of failure to go to your appointed place of duty, using provoking words, and a 49 day period of UA. You were sentenced to confinement for 30 days and an $856 forfeiture of pay.
On 22 September 2005, as a result of a service directed urinalysis, your urine sample tested positive for marijuana. On 1 November 2005 you were notified of pending administrative separation action by reason of misconduct due to drug abuse. After consulting with legal counsel you waived your right to present your case to an administrative discharge board (ADB) . On 4 November 2005 your commanding officer recommended an other than honorable discharge by reason of misconduct due to drug abuse.

Subsequently, this recommendation was approved and the discharge authority directed discharge under other than honorable conditions by reason of misconduct due to drug abuse, and on 9 December 2005 you were so discharged and 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 and desire to enlist in the Army. It also considered your assertion of innocence of the charge of smoking marijuana. Nevertheless, the Board concluded these factors were not sufficient to warrant a change of your reenlistment code because of the seriousness of your drug related misconduct. Further, you were given an opportunity to defend yourself, but waived your procedural right to present your case to an ADB. Finally, an RE-4 reenlistment code is required when a Sailor is discharged by reason of misconduct due to drug abuse. Accordingly, your application has been denied.
The Board noted that you are entitled to submit the attached
 Application for the Review of Discharge or Dismissal from the
Armed Forces of the United States (DD Form 293) to the Naval
Council of Personnel Boards, attention: Naval Discharge Review
Board, 720 Kennon Street, S. E., Room 309, Washington Navy Yard,
Washington, DC 20374-5023 for consideration of an upgrade of your
discharge and a change in your narrative reason for discharge.
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,



W. DEAN PFEIFFER
Executive Director

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