DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS 7
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 12182-08
30 November 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 24 November 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 24 October 1988.
On'16 March 1989 you were found to be psychologically dependent
on drugs and alcohol. On 14 April 1989 you received nonjudicial
punishment for disorderly conduct, drunkenness, sniffing glue and
driving under the influence. On 30 August 1989 a urine specimen
you had submitted tested positive for marijuana. .
On 5 September 1989 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.
On 4 December 1989 you were discharged by reason of misconduct
due to drug abuse with a discharge under other than honorable
conditions (UOTHC) and assigned a reentry code of RE-4. On 6 May
2008 the Board changed your discharge from UOTHC to an
- uncharacterized entry level separation.
The Board carefully considered your contention to the effect that
your reentry code should be corrected since your characterization
of service has been changed. The Board concluded, however, that
as the assignment of a reentry code of RE-4 is required when an
individual is discharged by reason 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,
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