DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 4482-08
14 July 2008
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 9 July 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 reenlisted in the Navy on 13 May 1993
with more than one year of prior active service. You received
two nonjudicial punishments for offenses that included operating
a vehicle while under the influence of alcohol and use of a
controlled substance.
On 2 December 1994 your commanding officer recommended that you
be separated from the Navy with a discharge under other than
honorable conditions by reason of misconduct due to drug abuse,
commission of a serious offense, and alcohol abuse rehabilitation
failure. After being informed of the recommendation for
separation, you waived the right to present your case to an
administrative discharge board. After review by the discharge
authority, the recommendation for separation was approved, and on
4 January 1995 you were separated with a discharge under other
than honorable conditions, and assigned a reentry code of RE-4,
The Board carefully considered your contentions to the effect
that your reentry code should be corrected because it was the
first and only offense of your service. The Board concluded,
however, that as the assignment of a reentry code of RE-4 is
required when an individual is discharged by reason of
misconduct, and as you have not demonstrated that it would be in
the interest of justice for the Board to grant an exception to
that policy, there is no basis for any corrective action in your
case. 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,
\W
W. DEAN
Executive D
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