DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 4710-08
12 February 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
11 February 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.
On 8 April 1992, you enlisted in the Navy at age 20. On
3 September 1992, you had nonjudicial punishment for two brief
instances of unauthorized absence and use of marijuana. On
9 September 1992, your commanding officer initiated administrative
separation action by reason of misconduct due to 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 24 September 1992, the separation authority approved
the discharge recommendation and directed an OTH discharge by reason
of misconduct due to drug abuse. On 7 October 1992, you declined
substance abuse treatment at a Veterans Affairs facility. On
7 October 1992, you were also separated with an OTH discharge by
reason of misconduct due to drug abuse and assigned an RE-4
reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth, and
desire for a better discharge. Nevertheless, the Board concluded
that these factors were not sufficient to warrant changing the
reenlistment code or recharacterization of your discharge due to the
seriousness of your misconduct. Furthermore, regulations direct
assignment of an RE-4 reenlistment code to members who are discharged
due to misconduct. The Board also noted that you waived the right to
have your case heard by an ADB, your best opportunity for retention
or a more favorable characterization of service. Therefore, the
Board concluded that the discharge was proper as issued and no change
is warranted. 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,
eS Fin
ROBERT D. SALMAN
Acting Executive Director
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