DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37Q~5:oo

TRG
Docket No: 2018-06
29 June 2007

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 26 June 2007. 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.

You enlisted in the Navy on 14 January 1997 at age 19. On 21 July 1997 you received nonjudicial punishment for an unspecified period of unauthorized absence. On 11 August 1997 a service record entry was made indicating that you were counseled after an arrest by civil authorities for shoplifting. You then served without incident for about 18 months.

On 8 March 1999, a Navy drug laboratory reported that you had used marijuana. Based on your use of drugs, you were processed for an administrative discharge. In connection with this processing, you elected to waive the right to have your case heard by an administrative discharge board. In his recommendation for discharge, the commanding officer stated that you were aware of the Navy’s policy towards drug abusers, but used drugs anyway. After review, the separation authority directed discharge under other than honorable conditions by reason of misconduct and you were so separated on 16 August 1999.

Regulations require the assignment of an RE-4 reenlistment code when an individual is discharged under other than honorable
conditions 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 an RE-4 reenlistment code.

Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.

The Board did not review your characterization of service or reason for discharge because you have not exhausted your administrative remedies by applying to the Naval Discharge Review Board (NDRB). You may request a review by the NDRB by submitting the enclosed application, DD Form 293.

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,

W. DEAN PFEIFFER
Executive Director