DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF
NA\‘AL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370.5100
ELP
Docket No. 954-01
7 June 2001
Dear
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 for the Board for Correction of Navy
Records, sitting in executive session, considered your
application on 6 June 2001.
injustice were reviewed in accordance with adm'inistrative
regulations and procedures applicable to the proceedings of this
Board.
your application, together with all
thereof, your naval record and applicable statutes, regulations
and policies.
Documentary material considered by the Board consisted of
Your allegations of error and
mzterial submitted in support
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 Navy on 27 October
1998 for four years at age 18.
The record reflects that on
3 November 1998 a Navy drug laboratory, reported that you had
tested positive for marijuana on your accession urinalysis.
You were advised of
declined to consult with legal counsel or
On 5 November 1998 you were notified that administrative
separation action was being initiated by reason of a confirmed
positive entrance urinalysis for marijuana.
your procedural rights,
submit a statement in your own behalf,
have your case reviewed by the general court-martial convening
authority.
level separation by reason of erroneous entry due to drug abuse.
The discharge authority noted that you did not disclose your
service marijuana use during the
"moment of truth" interview.
You received an uncharacterized entry level separation on
12 November 1998 and were assigned an RE-4 reenlistment code.
Thereafter, the discharge authority directed an entry
and waived the right to
pre-
assignment of an
RE-4 reenlistment code
Regulations require the
to an individual separated by reason
'of erroneous entry due to
Your contention that you told your recruiter that
drug abuse.
you had used marijuana just prior to going to recruit training
and that he told you to keep it to yourself, is neither supported
by the evidence of record nor by any evidence submitted in
support of your application.
injustice in your assigned reenlistment code since you were
treated no differently than others separated under similar
circumstances.
code was proper and no change is warranted.
application has been denied.
of the panel will be furnished upon request.
The Board thus concluded that the reenlistment
Accordingly, your
The names and votes of the members
The Board could find no error or
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
2
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