DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370.5100
CRS
Docket No: 4192-00
21 June 2001
Your allegations of error and
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 20 June 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 3 March 1998 at
age 19.
punishments.
possession and use of hallucinogenic mushrooms.
On 20 December 2000 an administrative discharge board recommended
that you be separated with a general discharge by reason of
After review by the discharge
misconduct due to drug abuse.
authority, the recommendation for separation was approved and you
were discharged with a general discharge on 24 January 2001. At
that time you were assigned a reenlistment code of RE-4.
Applicable regulations require the assignment of an RE-4
reenlistment code‘when an individual is discharged due to
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.
The record reflects that you received two nonjudicial
The offenses included dereliction of duty, and
In this regard, the Board noted that the record
Accordingly, your
since you did not ask for such
The names and votes of the members
application has been denied.
of the panel will be furnished upon request.
The Board did not consider whether your characterization of
service should be changed,
considertion and you have not exhausted your administrative
remedy by applying to the Naval Discharge Review Board (NDRB).
You may apply to NDRB by submitting the attached DD Form 293.
It is regretted that the circumstances of your case are such that
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
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.
You are entitled to have the
al:1 official records.
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
2
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