DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No: 03520-12
28 February 2013
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 February 2013. 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 on 28 February 2001, and served without
disciplinary incident, until 5 April 2002, when you received
nonjudicial punishment for wrongful possession and use of a
controlled substance (marijuana) and failure to obey a lawful
order. You were recommended for separation with an other than
honorable (OTH) discharge due to misconduct (drug abuse). You
waived your right to consult with counsel and an administrative
discharge board (ADB). The separation authority approved the
recommendation and on 25 September 2003, you were separated with
an OTH discharge due to misconduct (drug abuse) and an RE-4
reentry code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and character references. However, the Board
concluded that your RE-4 reentry code was correctly assigned due
to your misconduct. Accordingly, your application has been
denied. The names and votes of the members of the panel will be
furnished upon request.
Since your discharge is less than 15 years old, you may apply to
the Naval Discharge Review Board (NDRB) for a possible upgrade.
tT have enclosed a copy of NDRB’s application form for your
convenience.
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,
I) Sear Pre
W. DEAN PFRSF
Executive Dre ¢
Enclosure
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