DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 SIN
Docket No: 08844-07
22 September 2008
Thip is in reference to your application for correction of your
navBhl record pursuant to the provisions of Title 10 of the United
Stagfes Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 16 September 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 28 June 1988 at age 19. On
6 January and 4 April 1989 you received nonjudicial punishment
for three instances of absence from your appointed place of duty.
On 4 January 1989, you were convicted by civil authorities of
driving under the influence of alcohol.
You served without incident for over two years until 26 August
1991, when you referred yourself to the command’s Counseling and
Assistance Center (CAAC) for the use of cocaine. It was found
that you were psychologically and physically dependent on
cocaine.
On 12 September 1991, administrative discharge action was
initiated to separate you by reason of misconduct due to drug
abuse. You waived your rights to consult counsel, submit a
statement or have your case heard by an administrative discharge
board (ADB).
Your commanding officer forwarded his recommendation that you be
discharged under honorable conditions by reason of misconduct due
to drug abuse. However, on 4 November 1991, the separation
authority directed that you be separated with a discharge
warranted by your service record. On 21 November 1991, you were
honorably discharged, and assigned an RE-4 reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service, and the fact that you referred yourself to the
CAAC to get help with your drug use. Nevertheless, the Board
concluded these factors were not sufficient to warrant a change
in the reenlistment code, which was based on your disciplinary
record and substandard behavior. In this regard, an RE-4
reenlistment code is required when an individual is separated due
to misconduct and is not recommended for retention. 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,
~
Wo
W. DEAN P
Executive D tipr
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