DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
ELP
Docket No. 5792-01
7 December 2001
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.
considered your application on
Your allegations of error and injustice were
A three-member panel of the Board for Correction of Navy Records,
sitting in executive session,
4 December 2001.
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.
z
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.
You enlisted in the Naval Reserve on 22 August 2000 for eight
years at age 18.
in the Navy was prohibited and would not be tolerated.
At that time, you
acknowleged that drug usage
On that date, you acknowledged that you
You were ordered to active duty for a period of three years on
28 September 2000.
understood that you would receive a drug test within 72 hours of
and stated that you had not used
reporting to recruit training,
or participated in aberrant
any illegal drugs, abused alcohol,
behavior since you enlisted.
drug laboratory reported that your urine sample, submitted on
29 September 2000, tested positive for marijuana.
The record reflects that a Navy
On 20 October 2000 you were notified that administrative
separation action was being initiated by reason of defective
enlistment and induction due to erroneous enlistment as evidenced
You were advised of your procedural
by the positive urinalysis.
rights, declined to consult with legal counsel or submit a
statement in own behalf, and waived the right to have your case
reviewed by the general court-martial convening authority.
Thereafter, the discharge authority directed an uncharactertized
entry level separation by reason of erroneous enlistment due to
drug abuse.
assigned an RE-4 reenlistment code.
You were so discharged on 27 October 2000 and
of, an RE-4 reenlistment code
Since you were treated no differently than others
Regulations require the assignment
to individuals discharged by reason of erroneous entry-drug
abuse.
separated under similar circumstances, the Board could find no
error or injustice in your assigned reenlistment code.
concluded the reenlistment code was proper and no change is
warranted.
names and votes of the members of the panel will be furnished
upon request.
Accordingly, your application has been denied. The
The Board
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
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.
You are entitled to have
Sincerely,
W. DEAN PFEIFFER
Executive Director
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