DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS ;
Docket No: 12020-09
29 December 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 2 December 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 14 September
1987. On 26 September 1991 you voluntarily reported that you had
used approximately one-half gram of cocaine per week for the
previous several months, and requested rehabilitation services.
On 22 October 1991 your commanding officer recommended that you
be separated from the Navy with an honorable discharge by reason
of misconduct due to drug abuse. When informed of that
recommendation, you waived the right to present your case to an
administrative discharge board. After review by the discharge .
authority, the recommendation for separation was approved and on
28 October 1991 you were separated by reason of misconduct with
an honorable discharge, and were assigned a RE~4 reentry code. In
addition, you were offered drug and alcohol abuse rehabilitation
services at a Department of Veterans Affairs facility.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, overall
service, and the contention that you never failed a drug test and
did not use illegal drugs. The Board concluded that those
factors were insufficient to warrant a change in the reason for
your discharge. The Board could not determine whether you abused
cocaine while in the Navy, or if you fraudulently procured your
discharge by falsely claiming to be a drug abuser; however, it
concluded that correction of your reentry code would not be
warranted in either case.
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.
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.
Consequentiy, 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,
Reh >, BZ
Tea W. DEAN PFELFFER
Executive Director
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