DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BC 20370-5100
REC
Docket No: 08418-9098
10° June 2010
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 9 June 2010. 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.
You reenlisted in the Navy on 26 January 1983. Between 22 June
1983 and 19 November 1986, you received four nonjudicial
punishments (NJP's). You committed the following offenses:
wrongfully violated a lawful general order by the use of
Marijuana, failure to obey a lawful order by consuming alcoholic
beverages within 12 hours of standing watch, making a false
official statement, and being in an unauthorized absence (UA)
Status. On 28 August 1986, you were convicted by a special
court-martial (SPCM) for being UA for 102 days, failure to report
to your appointed place of duty, and two instances of breaking
restriction. You were sentenced to forfeitures of $300,
reduction in pay grade, and three months of confinement.
On 2 October 1986, administrative discharge action was initiated
by reason of misconduct due to drug abuse. Your case was heard
by an administrative discharge board (ADB), which recommended
three to zero an other than honorable discharge. Your commanding
officer concurred with the ADB’s recommendation and forwarded his
recommendation that you be discharged under other than honorable
conditions by reason of misconduct for drug abuse. On 16 March
1987, you were so discharged. At that time you were assigned an
RE-4 reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant changing the reason
or characterization of your discharge given your record of four
NUJP's, and conviction by SPCM for misconduct. An RE-4
reenlistment code is required when an individual is discharged
due to misconduct such as drug abuse. 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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