DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
761 §. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
EGA
Docket No: 3955-14
13 April 2015
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.
Although your application was not filed in a timely manner, the
-Board found it in the interest. of justice to waive. the. statute .
of limitations and consider your application on its merits. A
three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
26 March 2015. The names and votes of the members of the panel
will be furnished upon request. 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
7 July 2004. You served without disciplinary incident until
13 May 2005, when you received nonjudicial punishment (NJP) for
wrongful use of a controlled substance. As a result, you were
recommended for an administrative separation by. reason of
misconduct due to drug abuse. On 12 July 2006, you were
discharged with an other than honorable characterization of
service and assigned an RE-4 reentry code.
Your record further reflects that on 8 October 2013, the Naval
Discharge Review Board (NDRB) changed the characterization of
your service to “general under honorable conditions.”
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to change your RE-4 reenlistment code based on the
change in your record made by NDRB. Nevertheless, the Board
concluded these factors were not sufficient to warrant relief in
your case because of the seriousness of your misconduct.
Further, the Board noted that you were found guilty at NUP and
not recommended -for ‘retention or reenlistment. With that being
said, the Board concluded that the change made by NDRB in no way’
negated these actions. Finally, the Board believed that you
were fortunate to have received a change in your record and
concluded that any further change was unwarranted.. Accordingly,
your application has been denied.
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 within one year from the date of the Board’s decision.
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,
ROBERT J. O'NEILL
Executive Director
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