DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
				       2 NAVY ANNEX
          WASHINGTON DC 20370-5100
									CRS
									Docket No: 7332-06
									18 September 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 13 September 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 that the evidence submitted was insufficient to establish the existence of probable materia error or injustice.

The Board found that you enlisted in the Navy on 3 January 2004. The record reflects that on 21 March 2005 you were arrested by civil authorities for possession of ecstacy and parking in a handicapped parking area. On 19 May 2005 you received nonjudicial punishment for unauthorized absences totaling 60 days, missing movement on two occasions, dereliction of duty and making a false official statement.

Your commanding officer recommended that you be separated with an other than honorable discharge by reason of misconduct due to drug abuse and commission of a serious offense. When informed of the recommendation, you elected to waive the right to present your case to an administrative discharge board. After review by the discharge authority, the recommendation for separation was approved and you were discharged on 17 June 2005 with an other than honorable discharge by reason of misconduct due to drug abuse. At that time, you were assigned a reenlistment code of
RE-4.

In its review of your application the Board carefully weighed all  potentially mitigating factors, such as your contention that the civil charges were dismissed after your discharge. However, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge or a change in the reason for discharge, given your use of drugs. In this regard, you were processed for separation by reason of misconduct due to drug abuse, and not due to a conviction by civil authorities. Accordingly, even though civil charges were dismissed after your discharge, your command had sufficient evidence to conclude that you committed the underlying misconduct.

Applicable regulations require the assignment of an RE-4 reenlistment code when an individual is discharged due to 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 your 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,

2