DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 01062-12
3 December 2012
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 29 November 2012. 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.
On 5 March 1987, you reenlisted in the Navy after serving over
two years of honorable service. The Board found that you had
been previously briefed on the Navy’s policy on drug and alcohol
abuse. On 20 August 1987, you received nonjudicial punishment
(NJP) for wrongful use of cocaine. Subsequently, administrative
discharge action was initiated by reason of misconduct due to
drug abuse. 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 (OTH) conditions by reason
of misconduct. On 18 September 1987, the separation authority
concurred and directed an OTH discharge by reason of misconduct
due to drug abuse. You were so discharged on 21 September 1987.
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 prior honorable
service, post service accomplishments, character letters, and
desire to change the reason for your discharge and RE-4
reenlistment code. Nevertheless, the Board concluded these
factors were not sufficient to warrant changing the reason for
your discharge, characterization of your discharge, or
reenlistment code, given the NJP for drug abuse and the fact that
you were briefed on the Navy's policy on drug and alcohol abuse
during your first period of service. The Board noted that you
waived the right to an ADB, your best chance for retention or a
better characterization of service. Finally, an RE-4
reenlistment 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 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,
Qasorn Himgr
BRIAN J. GEORGE
Head, Discharge Section
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