NAVY
DEPARTMENT OF THE
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 203704100
CRS
Docket No: 5321-00
20 September 2000
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
Your allegations of error and
application on 12 September 2000.
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 21 January 1994
at age 19.
received nonjudicial punishment for possession and importation of
steriods.
On 29 January 1997 an administrative discharge board found that
you had committed misconduct but recommended your retention. On
29 May 1997 the Commander, Navy Personnel Command recommended to
the Secretary of the Navy that you receive a general discharge by
reason of misconduct due to drug abuse.
on 11 July 1997.
code of RE-4.
Applicable regulations require the assignment of an RE-4
reenlistment code when an individual is discharged by reason of
misconduct.
the Board could not find an error or
others in your situation,
injustice in the assignment of your reenlistment code.
The names and
Accordingly, your application has been denied.
You were so discharged
At that time you were assigned a reenlistment
The record reflects that on 30 August 1996 you
Since you have been treated no differently than
since you did not ask for such
votes of the members of the panel will be furnished upon request.
The Board did not consider whether your characterization of
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
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.
You are entitled to have the
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
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