DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
Y
2 NAVY ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No. 2298-00
5 September 2000
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 of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 30 August 2000.
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.
The Board found that you enlisted in the Navy on 25 August 1999
At that time, you extended your enlistment
for years at age 17.
for an additional period of 24 months in exchange for training in
the advanced electronics field and accelerated advancement to pay
grade E-4.
Thereafter, you were notified that separation
On 3 September 1999 a Navy drug laboratory reported that the
urine sample you submitted on 26 August 1999 had tested positive
for marijuana.
processing was being initiated by reason of defective enlistment
and induction due to erroneous enlistment as evidenced by a
positive entrance urinalysis for marijuana.
your procedural rights,
and waived the right to have your case reviewed by the general
On 10 September 1999 the
court-martial convening authority.
discharge authority directed an uncharacterized entry level
.
separation by reason of erroneous enlistment due to drug abuse.
You were so discharged on 15 September 1999 and assigned an RE-4
reenlistment code.
declined to consult with legal counsel,
You were advised of
but failed the urinalysis at
than
other illegal substances.
than others discharged under similar circumstances, the Board
could find no error or injustice in your assigned reenlistment
Regulations require the assignment of an
to individuals who are separated by reason of erroneous
The Board noted your contention
enlistment due to drug abuse.
that you passed your urinalysis at the examining station and
stayed clean through your departure,
recruit training.
noted that marijuana stays in an individual's system longer
The Board was not persuaded that was so and
m-4 reenlistment
Accordingly, your application has been denied. The names
code.
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
2
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