DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
Y
2
NAVY ANNEX
WASHINGTON, D.C. 20370-5100
._
*
CRS
Docket No: 6799-00
31 October 2000
Dear
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 25 October 2000.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
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 30 October 1996
at age 20.
received nonjudicial punishment for use and possession of
marijuana.
On 16 July 1997 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 your right to present your
After review by the
case to an administrative discharge board.
discharge authority, the recommendation for separation was
approved and you were discharged with an other than honorable
discharge on 29 July 1997.
reenlistment code of RE-4.
Applicable regulations require the assignment of an RE-4
reenlistment code when an individual is discharged by reason of
misconduct.
others in your situation,
Since you have been treated no differently than
Your record reflects that on 24 April 1997 you
When informed of the
At that time you were assigned a
the Board could not find an error or
The names and
since you did not ask for such
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.
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
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
2
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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. 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.
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