DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 726-10
1 October 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 30 September 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. The Board found that you entered active
duty in the Navy on 7 January 2003. You received a nonjudicial
punishment for wrongful use and possession of a controlled
substance. You were then notified that your commanding officer
was recommending you for a general discharge due to misconduct
(drug abuse). Your record is incomplete, but it appears that
you waived all of your procedural rights, including your right
to an administrative discharge board (ADB). On 1 February
2008, you received the general discharge due to misconduct
(drug abuse) and were assigned an RE-4 (not recommended for
retention) reenlistment code.
The Board, in its review of your entire record, carefully
considered all potentially mitigating factors, such as your
service record, promotion to petty officer second class (pay
grade E-5), and character reference letters. Nevertheless, the
Board concluded that these factors were not sufficient to
warrant changing your reenlistment code due to the seriousness
of your misconduct. The Board noted that you waived your right
to an ADB, your best opportunity for retention or a better
characterization of service. The Board believed that you were
fortunate to receive a general characterization of service,
since Sailors who are administratively separated for drug abuse
often receive other than honorable discharges. In view of the
above, your application has been denied. The names and votes
of the members of the panel will be furnished upon request.
Since your discharge is less than 15 years. old, you may
petition the Naval Discharge Review Board (NDRB) for an
upgrade. I have enclosed the NDRB’s application form for your
convenience.
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,
Lobe G
W. DEAN PFETFFER
Executive Director
Enclosure
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