DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 5848-10
4 March 2011
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 March 2011. 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
30 August 2004 at age 21. On 1 February 2010, you received
nonjudicial punishment (NJP) for wrongful use of cocaine. You
were notified of pending administrative discharge processing with
an other than honorable (OTH) discharge due to misconduct (drug
abuse). You waived all of your procedural rights, including your
right to an administrative discharge board (ADB). On 12 February
2010, the separation authority directed an OTH discharge by
reason of misconduct (drug abuse). On 18 February 2010 you were
so discharged and assigned an RE-4 (not recommended for
retention) reentry 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 concluded
these factors were not sufficient to warrant changing your
reentry code given the seriousness of your misconduct.
The Board noted you waived the right to an ADB, your best
opportunity for retention or a better characterization of
service. Finally, an RE-4 reentry code must be assigned to
all Sailors 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.
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 ifmyortant to keep in mind that a
Presumption of regularity, attaches to all official records.
Génsequently, when apply gng for a correction of an official naval
¥ecord, the burden is on the applicant to demonstrate the
existence of probable material error or inj ustide.
Sincerely,
Lamia
W. DEAN PFE
Executive Diyettor
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