DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 8539-08
28 May 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 27 May 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.
On 26 April 1988, you enlisted in the Navy at age 18. On
16 October 1989, you self-referred for cocaine use. On
2 January 1990, a substance abuse report stated that you were
not dependent or amenable to treatment, and recommended
separation. Based on the information currently contained in
the record, it appears that your commanding officer
subsequently initiated administrative separation by reason of
misconduct due to drug abuse, and recommended an honorable
characterization of service. In connection with this
processing you would have acknowledged the separation action.
Apparently, the separation authority approved the discharge
recommendation. On 9 March 1990, you acknowledged that you
were not recommended for retention and declined in-patient
substance abuse treatment at a Veterans Affairs facility. The
same day you were also separated with an honorable discharge by
reason of misconduct due to drug anuse and assigned an Rri'-4
reenlistment code.
Regulations direct assignment of an RE-4 reenlistment code to
members who are discharged due to 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
the RE-4 reenlistment code. 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,
Lo ean QQ.
W. DEAN PFEI
Executive Dir
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