I
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 5125-14
23 December 2014
bear
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.
~B three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 9 December 2014. 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
25 June 2004. Based on the information currently contained in
your record, on 7 April 2005, you received nonjudicial punishment
(NJP) for wrongful use of a controlled substance. You received a
reduction in paygrade, a forfeiture of pay, restriction and extra
duty. Subsequently, administrative discharge action was
initiated by reason of misconduct due to wrongful drug use. it |
appears that you waived your rights to consult counsel, submit a
statement, or have your case heard by an administrative discharge
board (ADB). The separation authority directed an OTH discharge
by reason of misconduct. You were so discharged on 20 April
2005. At that time, you were assigned an RE-4. (not recommended
For reenlistment) reentry code. On 19 July 2013, the Naval
Discharge Review Board upgraded your characterization of service
to general.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service and desire to change your RE-4 reentry
code. Nevertheless, based on the information currently contained
in your record, the Board concluded these factors were not
sufficient to warrant changing your reentry code given your NJP
for wrongful drug use. in this regard, an RE-4 reentry code Ls
required when a Sailor is discharged due to misconduct and is not
recommended for retention. Accordingly, your application has
been denied.
With regard to your request to correct your time in service,
please be advised that because your request is for an
administrative correction, which does not required action by this
Board, you may submit your request to the Department of Navy,
Navy Personnel Command (BUPERS), Code Pers-312, 5720 Integrity
Drive, Millington, TN 38055-3120 to request administrative
corrections and the reissuance of a new DD Form 214, if
warranted.
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 within one year from the date of the Board’s decision.
New evidence is evidence not previously considered by the Board
prior to making its decision in your case. 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.
Sincerel
ROBERT &™ O'NETLU
Executive Director
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