DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DO 20370-5100
SJN
Docket No: 09023-09
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 @ June 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.
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 enlisted in the Navy and began a period of active duty on
3 September 2008. The Board found that your record reflects you
received nonjudicial punishment (NJP) for four days of
unauthorized absence (UA), three instances of disobedience, use
and possession of marijuana, and misbehavior of a sentinel or
lookout. Subsequently, administrative discharge action was
initiated for misconduct due to drug abuse. You waived your
right procedural rights, including your right to an
administrative discharge board (ADB). On 4 May 2009, you
received an other than honorable discharge by reason of
misconduct due to drug abuse. At that time you were assigned an
RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, record of service, and desire to change your RE-4
reenlistment code. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge given your NUP for serious offenses, one of which was
for use and possession of drugs, or such a change of your RE-4
reenlistment code given your misconduct. In this regard, you
were assigned the appropriate reenlistment code based on your
circumstances. The Board noted that you waived your right to an
ADB, your best opportunity for retention or a better
characterization of service. 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,
W. DEAN
Executive
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