DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 5554-01
28 November 2001
Section 1552.
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code,
A three-memberpanel of the Board for Correction of Naval
Records, sitting in executive session, considered your
Your allegations of error and
application on 15 November 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 21 July 1994.
The record reflects that three Sailors gave statements about your
use and possession of marijuana.
any use or possession of marijuana.
On 9 March 1995 the commanding officer recommended that you be
separated with an other than honorable discharge by reason of
misconduct due to drug abuse.
The recommendation was based on
your use and possession of marijuana.
recommendation, you elected to waive the right to present your
After review by the
case to an administrative discharge board.
discharge authority, the commanding officer's recommendation for
separation was approved and you were discharged with an other
At that time you were
than honorable discharge on 4 April 1995.
assigned a reenlistment code of RE-4.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
immaturity.
However, the Board concluded that these factors were
In your statement, you denied
When informed of the
In this regard, the Board noted that the record
not sufficient to warrant recharacterization of your discharge,
given your involvement with drugs.
Applicable regulations require the assignment of an RE-4
reenlistment code when an individual is discharged due to
misconduct.
indicates that you committed misconduct by using drugs.
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.
Accordingly, your application has been denied.
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.
Since
The names and
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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