DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370.5100
CRS
Docket No: 1987-01
15 November 2001
Your allegations of error and
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 of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 7 November 2001.
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 Navy on 17 November 1994
at age 23.
The record reflects that on 10 September 1996 you
submitted to an urinalysis that tested positive for cocaine. At
the same time, you referred yourself for treatment in a drug
rehabilitation program.
On 7 November 1996 the commanding officer recommended that you be
separated with an honorable discharge by reason of misconduct due
to drug abuse.
When informed of the recommendation, you elected
to waive the right to present your case to an administrative
discharge board.
recommendation for separation was approved and you were
discharged with an honorable discharge on 13 March 1997.
time you were assigned a reenlistment code of RE-4.
In its review of your application the Bpard carefully weighed all
potentially mitigating factors,
immaturity.
However, the Board concluded that these factors were
not sufficient to warrant changing the reason for discharge,
After review by the discharge authority, the
At that
such as your youth and
given your involvement with illegal drugs.
Applicable regulations require the assignment of an RE-4
reenlistment code when an individual is discharged due to
In this regard, the Board noted that the record
misconduct.
clearly indicates that you committed misconduct by using drugs.
Since you have been treated no differently than others in your
situation, the Board could not find an error or injustice in the
assignment of your reenlistment code.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
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.
The names and
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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