DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL REGORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 3505-08
29 September 2009
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 2 September 2009. 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 reenlisted in the Navy on 21 November
1988 after more than 13 years of prior active service. On 20
March 1994 the results of the urinalysis of a specimen you had .
submitted on or about 7 March 1994 were reported as positive for
the presence of cocaine. On 23 April 1994, you were convicted by
Civil authorities of driving while intoxicated, and sentenced to
probation for six months and 50 hours of community service.
On 12 October 1994 you appeared before an administrative
discharge board convened to consider whether to separate you from
the Navy by reason of misconduct due to drug abuse, commission of
a serious offense, and/or a civilian conviction for driving while
intoxicated, or by reason of alcohol rehabilitation failure. The
ADB found that the recommended bases for separation were
substantiated, and recommended that you be discharged by reason
of misconduct with a discharge under other than honorable
conditions. The recommendation was approved by the separation
authority, and you were discharged by reason of misconduct,
commission of a gerious offense, on 18 January 1995, with a
discharge under other than honorable conditions. At that time you
were reduced to in grade to ATAN (E-3) and assigned a reentry
code of RE-4 in accordance with governing directives.
In its review of your application, the Board considered all
potentially mitigating factors, such as your completion of 20
years of active duty service. It concluded, however, that the
positive aspects of your service were outweighed by your
misconduct, drug and alcohol abuse, and conviction by civil
authorities. The Board did not accept your unsubstantiated
contentions to the effect that you did not ingest cocaine, and
that you did not know, and were not advised, of your right to
request transfer to the Fleet Reserve in lieu of separation by
reason of misconduct.
In view of the foregoing, and as a reentry code of RE-4 is
required when an individual is discharged by reason of
misconduct, and you have been treated no differently than others
in your situation, the Board concluded that it would not be in
the interest of justice to assign a more favorable reentry code
as an exception to policy. 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.
nee
W. eau PF ®
Executive
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