DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 12236-10
28 January 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 8 December 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 enlisted in the Navy on 6 September
2000. You received nonjudicial on two occasions for offenses
that included failure to obey a lawful order, use and possession
of unlawful drugs, and making a false official statement. On 30
November 2002 you were discharged by reason of misconduct with a
discharge under other than honorable conditions, and assigned a
reentry code of RE-4.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, overall
record of service as well as your unsubstantiated contention that
since your signature was forged on your discharge documents, your
discharge should be upgraded. The Board concluded that those
Factors are insufficient to warrant upgrade of your discharge or
change in reason for discharge, given your disciplinary record
and use of illegal drugs.
Applicable regulations require the assignment of an RE-4 reentry
code when a Sailor 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.
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,
Wows
A
W. DEAN PFE
Executive Direc
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