Docket No. 9692-19
Ref:   Signature Date 
 
Dear  : 
 
This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 25 September 2020.  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, relevant portions of your naval record, and applicable statutes, regulations and policies.   
 
You enlisted in the Navy on 1 December 1999.  On 1 May 2003, you received non-judicial punishment (NJP) for the wrongful use of a controlled substance (MDMA, aka “ecstasy”).  As punishment, you received a reduction in rank, forfeitures of pay, and restriction/extra duties.   
 
On 5 May 2003, you were notified that you were being processed for an administrative discharge by reason of misconduct due to drug abuse.  You elected in writing to consult with counsel and appear before an administrative separation board (Adsep Board).  On 22 July 2003, an Adsep Board convened in your case and you were represented by counsel.  Following the presentation of evidence and witness testimony, the Adsep Board members recommended that you be separated from the Navy with a general (under honorable conditions) (GEN) discharge by reason of misconduct due to drug abuse.  Ultimately, on 18 September 2003, you were discharged from the Navy for drug abuse with a GEN characterization of service and assigned an “RE-4” reentry code.  In the Navy, the RE-4 reentry code means “ineligible for reenlistment.”  In this regard, you were assigned the authorized and appropriate characterization and reentry code based on your factual situation.   
 
The Board carefully weighed all potentially mitigating factors, such as your contentions that this was the only time you had been in trouble for anything, and that you are trying to further your career by joining the Bureau of Prisons as a corrections officer but your RE-4 code is preventing you from being hired.  However, the Board concluded these contentions were not sufficient to warrant changing your RE-4 reentry code to a more favorable code or granting any other relief.  Absent a material error or injustice, the Board generally will not summarily upgrade a discharge or change a reentry code solely for the purpose of facilitating VA benefits, or enhancing educational or employment opportunities.  In the end, the Board concluded that you received the correct discharge characterization and reentry code, and that such discharge action was in accordance with all Department of the Navy directives and policy at the time of your discharge.  Accordingly, the Board determined that there was no impropriety or inequity in your reentry code and discharge, and the Board concluded that your drug-related misconduct merited your receipt of a GEN discharge and RE-4 reentry code. 
 
Additionally, the Board reviewed your application under the recent guidance provided in the Under Secretary of Defense’s memorandum dated 25 July 2018 entitled, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations” (USD Memo).  The purpose of the USD Memo is to ease the process for veterans seeking redress and assist Boards for Correction of Military/Naval Records “in determining whether relief is warranted on the basis of equity, injustice, or clemency.”  The USD Memo noted that “increasing attention is being paid to…the circumstances under which citizens should be considered for second chances and the restoration of rights forfeited,” and that “BCM/NRs have the authority to upgrade discharges or correct military records to ensure fundamental fairness.”  The USD Memo sets clear standards and principles to guide BCM/NRs in application of their equitable relief authority, and further explains that boards shall consider a number of factors to determine whether to grant relief.  However, even in light of the USD Memo, the Board still concluded that, given the totality of the circumstances, your request does not merit relief.  
 
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 matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or 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,