DEPARTMENT OF THE NAVY
BOARD FOR CORRECTJON OF NAVAL RECORDS
2 NAVY ANNEX
WASHiNGTON DC 2O37O~5 100

				TJR
										Docket No: 11181-06
										1 November 2007

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.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 October 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.

You enlisted in the Navy on 22 December 1998 at age 25 and served for four years without disciplinary incident. However, on 3 January 2003, you received nonjudicjal punishment (NJP) for wrongful use of phencyclidine and were awarded reduction to paygrade E-4.

On 20 February 2003 you were notified of pending administrative separation action by reason of misconduct due to drug abuse. After consulting with legal counsel you elected to present your case to an administrative discharge board (ADB). On 30 April 2003 an ADB recommended discharge under honorable conditions by reason of misconduct due to drug abuse. Your commanding officer also recommended discharge under honorable conditions by reason of misconduct due to drug abuse. On 29 May 2003 the discharge authority approved these recommendations and directed separation under honorable conditions, and on 6 June 2003 you were so discharged and assigned an RE-4 reenlistment code.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and change your reenlistment code so that you may reenlist in the Navy Reserve. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge or a change of the reenlistment code because of the seriousness of your drug related misconduct. Further, an RE-4 reenlistment code is required when a Sailor is discharged by reason of misconduct. Finally, Sailors discharged by reason of misconduct normally receive other than honorable discharges, and as such, you were fortunate to receive a general discharge. 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