DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 3831-08
13 April 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 8 April 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
On 3 August 2005, you enlisted in the Navy at age 19.
On 15 September 2005, you had nonjudicial punishment for
disobedience of a lawful order by failing to use prescribed
medication as directed and distribution of Vicodin.
On 20 September 2005, your commanding officer initiated
administrative separation by reason of misconduct due to
commission of a serious offense and drug abuse. In connection
with this processing you acknowledged that separation could
result in an other than honorable (OTH) discharge and waived
the right to have your case heard by an administrative
discharge board (ADB). On 23 September 2005, your commanding
officer recommended an entry level separation. On
4 October 2005, the separation authority approved the discharge
recommendation, but directed an OTH discharge by reason of
misconduct due to drug abuse. On 12 October 2005, you were so
discharged and assigned an RE-4 reenlistment code.-
Regulations direct assignment of an RE-4 reenlistment code to
members who are discharged due to misconduct. Since you have
been treated no differently than others in your situation, the
Board could not find an error or injustice in the assignment of
the RE-4 reenlistment code. Accordingly, your application has
been denied. The names. and votes of the members of the panel
will be furnished upon request.
The Board did not consider whether your characterization of
service or reason for separation should be changed, since you
did not ask for such consideration and you have not exhausted
your administrative remedy by submitting the attached
Application for the Review of Discharge or Dismissal from the
Armed Forces of the United States (DD Form 293) to the Naval
Discharge Review Board.
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 correetion of an
official naval record, the burden is on the applicant to
demonstrate the existence of probable material error or
injustice.
Sincerely,
Executive Di r
Enclosure
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