DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DCG 20370-5100 |
SJN
Docket No: 08146-08
7 July 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 1 July 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.
You enlisted in the Navy and began a period of active duty on
23 June 1998 at age 18. On 14 December 2000, you received
nonjudicial punishment (NUP) for absence from your appointed place
of duty, disobedience, false official statement, and wrongful use
of methamphetamine.
Administrative discharge action was initiated 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 20 December 2000, your
commanding officer forwarded his recommendation that you be
discharged under other than honorable conditions by reason of
misconduct. On 21 December 2000, the discharge authority
directed an other than honorable discharge by reason of
misconduct due to drug abuse. On 27 December 2000 you were so
discharged. At that time, you were assigned an RH-4 reenlistment
code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall period of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant a change in the
reenlistment code, which was based on your misconduct and
substandard behavior. In this regard, an RE-4 reenlistment
code is required when an individual is discharged due to
misconduct. 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,
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