*’
DEPARTMENT4OF THE! NAVY
CORRECTI& OF NAVAL RECORD
-
BOARD FOR
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
S
CRS
Docket No: 4971-00
13 July 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 11 July 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 9 November 1998
at age 20.
nonjudicial punishment for use of marijuana.
On 23 June 2000 the commanding officer recommended that you be
separated with an other than honorable discharge by reason of
misconduct due to drug abuse.
recommendation, you elected to waive the right to present your
case to an administrative discharge board.
discharge authority, the recommendation for separation was
approved and you were discharged with an other than honorable
At that time you were assigned a
discharge on 21 July 2000.
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
The record reflects that on 21 June 2000 you received
In this regard, the Board noted that the record
When informed of the
After review by the
Accordingly, your
situation, the Board could not find an error or injustice in the
assignment of your reenlistment code.
application has been denied.
The names and votes of the members
of the panel will be furnished upon request.
The Board did not consider whether your characterization of
since you did not ask for such
service should be changed,
consideration 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
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
Enclosure
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