DEPARTMENT OF THE NAVY
_ BOARD FOR CORRECTION OF NAVAL RECORGES
SH NGTON De 26370-5100 Docket No: 5919-09
we & 20g 1G: 26 June 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 June 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 13 January 1988.
On 14 July 1988 you received nonjudicial punishment for use of
marijuana. On 1 August 1988 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. After review by the discharge authority, the
recommendation for separation was approved and on 12 August 1988
you were separated with a discharge under other than honorable
conditions by reason of misconduct. You were 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.
Tt 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 cof 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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