DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 07794-08
17 September 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 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 11 March 2002. On 29 January 2003,
you received nonjudicial punishment (NJP) for use of ecstacy.
You received a forfeiture of pay, a reduction in paygrade,
restriction, and extra duty.
On 3 February 2003, 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).
On 7 February 2003, you received NUP for underage consumption of
alcohol while serving restriction.
On 13 February 2003, your commanding officer forwarded his
recommendation that you be discharged under other than honorable
conditions by reason of misconduct due to drug abuse. On
27 February 2003, the discharge authority directed an other than
honorable discharge by reason of misconduct due to drug abuse.
On 3 July 2003 you were so discharged. At that time, you were
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 post-service accomplishments.
Nevertheless, the Board concluded these factors were not
sufficient to warrant a change in the reenlistment code, because
of your misconduct that resulted in two NJP’s, one of which was
for drug use. In this regard, an RE-4 reenlistment code is
required when an individual is separated due to misconduct.
Further, the Board noted that you waived the right to an ADB,
your best opportunity for retention or a better characterization
of service. 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. DEAN
Executive D
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