DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 00928-09
28 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 26 October 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 enlisted in the Navy and began a period of active duty on
25 November 1996. The Board found that you received nonjudicial
punishment (NUP) for wrongful use of marijuana. You received a
forfeiture of pay, restriction, extra duty, and a reduction in
paygrade. Subsequently, administrative discharge action was
initiated by reason of misconduct due to drug use. You waived
your rights to consult counsel, submit a statement or have your
case heard by an administrative discharge board (ADB). Your case
was forwarded recommending that you be discharged under other
than honorable conditions by reason of misconduct. The discharge
authority concurred and directed an other than honorable
discharge by reason of misconduct due to drug use. On 3 June
1998, 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 record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge or
a change to your RE-4 reenlistment code given your NJP for drug
use. With regard to your desire to change your reenlistment
code, you were assigned the appropriate reenlistment code based
on your circumstances and it must be assigned to all Sailors
discharged due to misconduct. Finally, the Board noted that you
waived the right to an ADB, your best chance for retention or a
better characterization of service. 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
Poe actionscannot be taken. You are entitled to have the
Board reconstde? its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
“tn 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 P
Executive
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