DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

SMW
                                               Docket No:5384-06 
                                               4 October 2006

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 3 October 2006. 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 11 January 1989 at age 18. On 23 August 1990 you received nonjudicial punishment (NJP) for use of marijuana. You were counseled on that same date regarding deficiencies in your performance and conduct, and warned that further infractions could result in disciplinary action or administrative separation. On 21 September 1990 a drug abuse report stated that you were not drug dependent.

On 29 October 1990 you began a period of unauthorized absence (UA) that ended on 11 December 1990, a period of about 43 days. On 24 January 1991 you were convicted by summary court-martial (SCM) of this UA. On 19 February 1991 you began another period of UA that ended on 26 February 1991, a period of about seven days. On 12 March 1991 you received NJP for this period of UA, failure to go to your appointed place of duty, and failure to obey a lawful order.

On 12 March 1991 your commanding officer initiated separation action by reason of misconduct due to commission or a serious offense, misconduct due to a pattern of misconduct, or misconduct due to drug abuse. In connection with this processing, you acknowledged that separation could result in an other than honorable discharge and waived the right to have your case heard by an administrative discharge board (ADB). On 15 March 1991 your commanding officer recommended an other than honorable discharge. On 21 March 1991 the separation authority approved the recommendation and directed an other than honorable discharge by reason of misconduct due to commission of a serious offense. On 29 March 1991 you were so discharged. At that time you were assigned an RE-4 reenlistment code, which means that you were neither eligible nor recommended for reenlistment.

Regulations direct the assignment of an RE-4 reenlistment code to an individual separated by reason of misconduct due to commission of a serious offense. 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 the 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.

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