DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 8154-08
23 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 27 August 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 enlisted in the Navy on 19 June 2002.
On 30 January 2006 you were convicted by a summary court-martial
of use of an illegal drug. On 21 February 2006 your commanding
officer recommended that you be separated with a discharge under
other than honorable conditions by reason of misconduct due to
drug abuse. When informed of that recommendation, 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 1 May 2006 you were separated by
reason of misconduct with a discharge under other than honorable
conditions and assigned a reentry code of RE-4.
Applicable regulations require the assignment of an RE-4 reentry
code when an individual is discharged by reason of misconduct.
Since you have been treated no differently than others in your
Situation, the Board could not find an error or injustice in the
assignment of your reentry code. Accordingly, your application
has been denied. The names and votes of the members of the panel
will be furnished upon request.
It 1s 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. ODI
Executive Di
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