D E P A R T M E N T O F T H E NAVY
B O A R D F O R C O R R E C T I O N OF NAVAL R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
TJR
Docket No: 6653-01
12 March 2002
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 5 March 2001. Your allegations of error and
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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
The Board found you enlisted in the Navy on 26 February 2001 at
the age of 21.
Your record contains a Drug and Alcohol Abuse Report (DAAR) dated
16 May 2001 which notes that your urine tested positive for
phencyclidine (PCP). As a result of the foregoing, on 21 May
2001, you were notified that administrative separation had been
initiated by reason of erroneous enlistment due to drug abuse.
You waived the right to respond to the notification and did not
object to the separation. On 28 May 2001 you were separated from
the Navy with an uncharacterized entry level separation by reason
of erroneous enlistment due to drug abuse, and were assigned an
RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity. However, the Board concluded these
factors were not sufficient to warrant a change in your
reenlistment code because of your drug related misconduct. The
Board concluded that the narrative reason for separation and type
of discharge were sufficient to support the assignment of an RE-4
reenlistment code. Such a code is mandatory when an individual
is separated by reason of erroneous enlistment due to drug abuse.
Given all the circumstances of your case, the Board concluded the
assigned reenlistment code was proper and no change is warranted.
Accordingly, your application has been denied.
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 PFEIFFER
Executive Director
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