DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 4534-09
13 April 2010
This is in reference to your application for correcti
naval record pursuant to the provisions ef T
States Code, Section 1552.
the Board for Correction of Naval
A three-member panel of
Records, sitting in executive session, considered your
application on 13 April 2010. The names and votes of the
members of the panel will be furnished upon request. 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.
ration of the entire
bmitted was insufficient
ial error or
d conscientious conside
qd found the evidence su
existence of probable mater
After careful an
record, the Boar
to establish the
injustice.
You enlisted in the Navy on 14 January 1992 at age 20 and served
without disciplinary incident. However, your record contains two
administrative remarks entries dated 16 January 1992 which
reflect your pre-service civil misconduct and drug involvement.
You were advised at that time that although you were being
retained, any further misconduct would result in an
administrative discharge. Shortly thereafter, 4 eni7rd
y was placed in your record because
administrative remarks entr
you were in an unauthorized absence status for nearly 17 hours.
Subsequently, you were roti fa
separation action by reason of misconduct due
in-service drug use. The discharge authority directed your
commanding officer to issue you a general discharge by reason of
On 6 October 1992, you were sO
due to drug abuse.
misconduct
and assigned an RE-4 reenlistment code.
discharged
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to change your reenlistment code.
Nevertheless, the Board concluded these factors were not
sufficient to warrant a change of the reenlistment code because
of the seriousness of your drug related misconduct. Finally, an
RE-4 reenlistment code is required by regulatory guidelines when
a Sailor is discharged by reason of misconduct due to drug abuse
and not recommended for retention or reenlistment. Accordingly,
your application has been denied.
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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