DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
:
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
TJ R
Docket No: 4114-01
21 November 2001
i
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 14 November 2001.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof, your naval record,
and policies.
Documentary material considered by the Board consisted of
together with all material submitted in support
and applicable statutes, regulations,
Your allegations of error and
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
The Board found you enlisted in the Navy on 7 March 2000 at the
age of 17.
Your record contains an enlisted performance evaluation for the
period 1 June 2000 to 9 March 2001 which noted that you were
being processed for separation after your urine had tested
positive for drugs during a command random urinalysis screening.
This evaluation also noted that you were not recommended for
retention or reenlistment.
noted as follows:
The commanding officer's comments
(Member) tested positive for drug use during
Evaluation submitted on occasion of Member's separation
from the NAVAL service under other than honorable (OTH)
conditions.
command urinalysis screening.
responsibility and demonstrated poor judgment.
hazardous and unsafe practices as noted.
direction well and failed to adhere to the Navy's
Tolerance" drug policy.
Effectively avoided
Tolerated
He did not take
"Zero
Subsequently, the discharge authority directed an other than
honorable discharge by reason of misconduct due to drug abuse,
At that time you
and on 9 March 2001 you were so discharged.
received an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and your contention that your discharge
However, the Board concluded
1 and bar from reenlistment are unfair because you should not be
punished forever for one mistake.
' these factors and contention were not sufficient to warrant
recharacterization of your discharge or a change in your
reenlistment code because of your drug related misconduct.
Board further noted that your drug use was a direct danger to
other in regard to your trade as an air traffic controller.
Given all the circumstances of your case, the Board concluded
your discharge and reenlistment code were proper as issued and no
change is warranted.
denied.
Accordingly, your application has been
The
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
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.
.
Sincerely,
W. DEAN PFEIFFER
Executive Director
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