DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 7225-07
4 February 2008
Dear phar
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 30 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,
The Board found that you enlisted in the Navy on 16 March 2004.
You appeared before an administrative discharge board (ADB) on 12
May 2005. A Navy Investigative Service (NIS) agent testified at
the ADB that you had attempted to buy drugs from a NIS informant
on numerous occasions. The ADB found that you had committed
misconduct, and recommended that you be separated from the Navy
by reason of misconduct with a general discharge. After review
by the discharge authority, the recommendation for separation was
approved and you were separated from the Navy on 12 July 2005
with a general discharge and assigned a reentry code of RE-4.
In its review of your application, the Board carefully considered
your contentions that you have never used drugs and that your
discharge is limiting your employment options. The Board found
the first contention to be unsubstantiated, and the second is
insufficient to warrant granting your request. The Board
believes you were fortunate to have received a general discharge,
as a discharge under other than honorable conditions would have
been appropriate in your case.
Applicable regulations require the assignment of an RE-4 reentry
code when an individual is discharged due to misconduct.
Accordingly, and as you have not demonstrated that it would be in
the interest of justice to amend your reentry code as an
exception to policy, 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,
\ eS
W. DEAN PFE
Executive Dilrac
NAVY | BCNR | CY2007 | 10882-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 August 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,...
NAVY | BCNR | CY2003 | 00715-03
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 June 2003. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 26 August 1970, an administrative discharge board (ADB) unanimously recommended that you be separated with a general discharge. Consequently, when applying for a correction of an official naval record, the burden is on...
NAVY | BCNR | CY2001 | 04805-01
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. Your allegations of error and 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. recommended you be issued a general discharge by reason of unfitness...
NAVY | BCNR | CY2011 | 00641-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 October 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2010 | 05095-10
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. On 21 July 2008, your case was heard by an administrative discharge board (ADB), which voted three to zero in favor of a general discharge due to misconduct (drug abuse). On 18 September 2008, you received the general discharge due to misconduct (drug abuse), and were assigned an RE-4 (not...
NAVY | BCNR | CY2002 | 00870-01
870-01 24 January 2002 Dear Mr.- 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. considered your application on Your allegations of error and injustice were A three-member panel of the Board for Correction of Navy Records, sitting in executive session, 16 January 2002. reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 3...
NAVY | BCNR | CY2006 | 07895-06
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 14 November 1985 you reenlisted in the Navy at age 27 after two periods of prior honorable service....
NAVY | BCNR | CY2008 | 02844-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 December 2008. In accordance with applicable Navy regulations your commanding officer transmitted the results of the ADB proceedings to the Commander, Naval Military Personnel Command (NMPC) urging that the ADB’s recommendation for retention be disapproved and that you be discharged, but because of the recommendation for retention, that you receive a general...
NAVY | BCNR | CY2011 | 03553-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 February 2012. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2008 | 02458-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 August 2008. 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. You were assigned a reentry code of RE-4, On 3 November 1993 the Bureau of Naval Personnel informed your command that you did not qualify for...