DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 11596-09
5 August 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 4 August 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 and began a period of active duty on
6 May 1987. On 12 July 1993, you were convicted by a special
court-martial (SPCM) for wrongful use of methamphetamine. You
were sentenced to reduction in pay grade, and 10 days
confinement. On 10 August 1993, administrative discharge action
was initiated by reason of misconduct. On 30 August 1993, your
case was heard by an administrative discharge board (ADB), which
voted three to zero in favor of an under 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. On 21 October 1993, 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 one
SPCM conviction for misconduct. An RE-4 reenlistment code is
required when an individual is discharged due to misconduct.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
The Board believes that under current regulations you may be
eligible for veterans’ benefits which accrued during your first
period of service. Whether or not you are eligible for benefits
is a matter under the cognizance of the Department of Veterans
Affairs (DVA), and you should contact the nearest office of the
_DVA concerning your eligibility to apply for benefits.
Me 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,
Ly)
W. DEAN PFEIL
Executive Di
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