DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
‘ 2 NAVY. ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 10994-08
26 October 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 21 October 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 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 22 May 1989.
You received two nonjudicial punishments for offenses that
included an unauthorized absence, missing movement, and use of
LSD.
On 3 November 1992 your commanding officer recommended that you
be separated from the Navy 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 13 November 1992 you were
separated by reason of misconduct with a discharge under other
than honorable conditions.
The Board carefully considered your contention to the effect that
your reentry code should be corrected because of clemency. The
Board’ concluded, however, that as the assignment of a reentry
code of RE-4 is required when an individual is discharged by
vceason of misconduct, there is no basis for any corrective action
in your case. 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,
Executive Dire
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