DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 6992-00
15 June 2001
Dear ‘qiiiiiiiiiaimgss
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the 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 12 June 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 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 3 August 2000 at
age 20. On 9 August 2000 the Navy drug laboratory reported that
urinalysis showed that you had used marijuana. Based on the
positive urinalysis, you were processed for an administrative
separation. However, you objected to separation and requested
retention in the Navy. On 8 September 2000 the Commanding
Officer, Recruit Training Command recommended that the Navy
Personnel Command grant a waiver for your drug use and direct
retention. The commanding officer stated, in part, as follows:
-.-. He joined the Delayed Entry Program on 31 July 00
and shipped to boot camp only 3 days later, on 3 August
00, far too short a period for his recruiter to have
infused any Navy Core Values. ... The Recruit Division
Commander notes that "(he) is coming along well and
working well with other recruits .... Based on the
above, I believe that (he) has potential for future
successful naval service.
Apparently the commanding officer changed his mind because, on 22
September 2000, he directed an entry level separation by reason
of erroneous enlistment and the assignment of an RE-4
reenlistment code. You were so separated on 25 September 2000.
Regulations require the assignment of an RE-4 reenlistment code
when an individual is separated by reason of erroneous enlistment
due to drug abuse. Since you have been treated no differently
than others separated for that reason, the Board could not find
an error or injustice in the assignment of the RE-4 reenlistment
code. 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
NAVY | BCNR | CY2001 | 00967-01
be separated and requested retention in the Navy. On 22 September 2000 the separation authority directed an entry level separation and you were so separated on that same day. 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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Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, Board requesting, in effect, by changing the RE-4 reenlistment code assigned on 25 September 2000. that his naval record be corrected filed enclosure (1) with this McPartlin, and Ms. 2. September 2000, the recruit division commander also recommended By letter of 7 in retention, citing his demonstration of Commitment.W lloutstanding job on his duties," and his '@the Navy core values of Honor,...
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1552 (1) Case Summary (2) Subject's naval record Pursuant to the provisions of reference (a), Petitioner, a 1. former enlisted member of the Navy filed enclosure (1) with this Board requesting that his record be corrected by changing the 4 reenlistment code assigned on 25 September 2000. was within days of completing recruit training when he was separated. "JFC", The record should then be corrected to show that "Erroneous entry (other)" and The RE-3E reenlistment code The Board further...
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NAVY | BCNR | CY2002 | 05181-00
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