DEPARTMENT OF THE NAVY
BOAAD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 69-01
28 June 2001
. Dear *iiliiiiamiiamiainaiaggie
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 26 June 2001. 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 material
error or injustice.
The Board found that you enlisted in the delayed entry program
(DEP) of the Naval Reserve on 31 October 2000 and, on 21 November
2000, you enlisted in the Navy for four years. On 22 November
2000, during the moment of truth, you stated that you had used
marijuana 13 times during the period from May 1995 to November
2000. However, you were retained in the Navy and warned that if
any other undisclosed information came to light, you could be
subjected to judicial or administrative proceedings.
On 30 November 2000, the Navy drug laboratory reported that your
accession urinalysis had tested positive. Based on the positive
urinalysis you were processed for an administrative separation by
reason of erroneous enlistment due to drug abuse. In connection
with this processing you elected to waive your procedural rights.
On 7 December 2000, the separation authority directed separation
and the assignment of an RE-3J reenlistment code. You received
an entry level separation on 12 December 2000 and were assigned
an RE-4 reenlistment code at that time.
Regulations allow for the assignment of an RE-3J reenlistment
code when an individual in an entry level status tests positive
for marijuana use, served less than 30 days in the DEP, confessed
to the use of marijuana during the moment of truth, and was
processed for separation by reason of fraudulent enlistment. The
Board was aware that an RE-3J reenlistment code is a bar to
enlistment in the Navy. An RE-4 reenlistment code is required
when an individual is separated by reason of erroneous enlistment
due to drug abuse.
The Board noted your admission that you used marijuana during
November 2000. However, there is no evidence to show whether you
admitted using marijuana under conditions that would result ina
positive urinalysis or that you admitted that you might test
positive for marijuana. As indicated, you were ultimately
separated because of erroneous enlistment due to drug abuse and
not fraudulent enlistment. Accordingly, you do not meet the
requirements for the assignment of an RE-3J reenlistment code.
Since you have been treated no differently than others separated
from recruit training by reason of erroneous enlistment due to
drug use, the Board could not find an error or injustice in the
assignment of the RE-4 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,
W. DEAN PFEIFFER
Executive Director
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