DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 1639-10
26 March 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 10 March 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 reenlisted in the Navy on 9 February
1987. You received nonjudicial punishment and were convicted by
a special court-martial for offenses that included disrespect,
making a false official statement, drunk and disorderly conduct,
and wrongful use of marijuana. On 2 June 1995 you received a
discharge under other than honorable conditions by reason of
misconduct due to drug abuse, and were assigned a reentry code of
RE-4, .
The Board carefully considered your contention to the effect that
your reentry code should be corrected so that you could be
reenlisted. The Board concluded, however, that as the assignment
of a reentry code of RE-4 is required when an individual is
discharged by reason of misconduct, there is no basis for any
corrective action in your case. 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.
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,
Executive D
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