DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 5912-98
7 May 1999
Dear
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 4 May 1999
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.
Your allegations of error and
.
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.
Seven days later, on 31 March 1998, a Navy drug
The Board found that you enlisted in the Navy on 24 March 1998 at
age 19.
laboratory reported that your urine sample had tested positive
for Amphetamine/Methamphetamine.
On 1 April 1998 you were notified of separation processing due to
In connection with this processing you
the positive urinalysis.
On 2 April 1998
elected to waive all of your procedural rights.
the separation authority directed an entry level separation.
were so separated on 7 April 1998.
recommended for reenlistment and were assigned an RE-4
reenlistment code.
At that time you were not
You
You state in your application that you graduated from a Christian
high school and do not use drugs.
an airplane in which you were flying gave you pills for your
headache must have given you the drug for which you tested
positive.
You speculate that a person on
There is no evidence in the record,
concerning your version of events.
and you have submitted none,
In the absence of such
evidence the Board concluded that you were properly discharged
based on the positive urinalysis.
Regulations require the assignment of an RE-4 reenlistment code
when an individual is discharged because of drug abuse.
you have been treated no differently than others discharged for
that reason the Board could not find an error or injustice in the
assignment of the RE-4 reenlistment code.
The names and votes of the members
application has been denied.
of the panel will be furnished upon request.
Accordingly, your
Since
It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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
2
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