DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 4957-01
26 October 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 of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 23 October 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
and applicable statutes, regulations,
thereof, your naval record,
and policies.
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 20 April 2000 at the
age of 18.
substance abuse evaluation, you reported a three year history of
such abuse.
Your record reflects that on 30 May 2000, during a
The evaluation report noted, in part, as follows:
(Member) reported pattern of substance abuse:
beers a month, cannabis/daily, cocaine/once; (Member) is
somewhat vague, but reports a 3-year history of cannabis
He reports being arrested for possession of
dependence.
marijuana, and has occasionally sold small amounts.
diagnoses: cannabis dependence, existed prior to entry
(EPTE).
alcoho1/2-3
On 31 May 2001 you were notified of proposed actions for an
administrative separation by reason of erroneous enlistment due
to drug abuse.
notification and did not object to the separation.
You waived the right to respond to the
On 6 June
2001 you were separated from the Navy with an uncharacterized
entry level separation by reason of defective enlistment and
induction/erroneous enlistment due to drug abuse, and were
assigned an RE-4 reenlistment code.
The Board also considered your
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity.
contention you were assigned an RE-4 reenlistment code because
you were having family problems at the time of your separation.
However, the Board concluded these factors and contention were
not sufficient to warrant a change in your reenlistment code.
The Board concluded that the diagnosis of cannabis dependency and
other substance abuse were sufficient to support the assignment
of an RE-4 reenlistment code.
when individuals are separated by reason of erroneous enlistment
due to drug abuse.
Board concluded the assigned reenlistment code was proper and no
change is warranted. Accordingly, your application has been
denied.
Given all the circumstances of your case, the
Further, such a code is mandatory
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
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
Executive Director
PFEIFFER
2
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