DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
TIR
Docket No: 8060-08
14 July 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 7 July 2009. The names and votes of the members
of the panel will be furnished upon request. 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.
Although your record is incomplete, it appears that you enlisted
in the Navy Reserve on 24 February 2000 at age 19. It further
appears that you were administratively processed for separation
by reason of misconduct due to drug abuse. In this regard, your
record clearly reflects a Certificate of Release or Discharge.
from Active Duty (DD Form 214) which shows that on 7 January
2004, while in absentia, you were discharged under other than
honorable conditions by reason of misconduct due to drug abuse,
and were assigned an RE-4 reenlistment code.
The Board, in its review of your record, although incomplete, and
application, carefully weighed all potentially mitigating
factors, such as your post service conduct, character reference
letters, and desire to upgrade your discharge and change your
narrative reason for separation. It also considered your
educational, religious, and rehabilitation achievement
certificates. Nevertheless, the Board concluded these factors
were not sufficient to warrant recharacterization of your
discharge or a change to your narrative reason for separation
because of the seriousness of your drug related misconduct.
Accordingly, your application has been denied.
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,
ยป Wow PF
Executive Director
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