DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 7758-98
21 May 1999
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 18 May 1999.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
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.
On 9 May 1995 a Navy drug
Based on the positive urinalysis you were processed
The Board found that you enlisted in the Delayed Entry Program
(DEP) of the Naval Reserve on 21 January 1995. On 3 May 1995 you
enlisted in the Navy at age 19.
laboratory reported that a urinalysis showed that you had used
marijuana.
for an administrative separation by reason of "erroneous
enlistment
elected to waive your procedural rights.
separation authority directed an entry level separation and you
were so separated on 17 May 1995.
recommended for reenlistment and were assigned an RE-4
reenlistment code.
At that time you were not
On 12 May 1995 the
- drug abuse".
In connection with this processing you
In your application you are requesting that the reason for
discharge be changed to "preservice drug
reenlistment code be changed so that you can enter the Army.
abuse" and the
In reaching its decision the Board was aware that upon enlistment
in the DEP, you would have been informed of the Navy's policy on
drug abuse.
not set forth a reason for separation of
The reason for separation of
The Board was also aware that Navy regulations do
"erroneous enlistment-drug
"preservice drug abuse."
abuse"
.
means you would not have been enlisted in the Navy if it had
Given the
known of your preservice drug abuse in the DEP.
positive urinalysis, the Board concluded that you were properly
separated because of an erroneous enlistment.
Regulations require the assignment of an RE-4 reenlistment code
in most cases when an individual fails to complete Navy recruit
training and requires that code when an individual is separated
based on a positive urinalysis.
differently than others separated for that reason, the Board
could not find an error or injustice in the assignment of the
4 reenlistment code.
Since you have been treated no
RE-
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
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
Executive Director
PF'EIFFER
2
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