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Decision Text

NAVY | BCNR | CY2001 | 07230-01
Original file (07230-01.pdf) Auto-classification: Denied
D E P A R T M E N T  OF THE  NAVY 

B O A R D   F O R   C O R R E C T I O N  OF  N A V A L   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: 7230-01 
5 April 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 2  April 2002.  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 2 5   June 1997 at the 
age of 17. 

Your record contains a Drug and Alcohol Abuse Report  (DAAR) dated 
2 July 1997 which indicates that your urine sample had tested 
positive for marijuana.  As a result of the foregoing, on 3 July 
1997, 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 10 July 1997 you were separated 
with an uncharacterized entry level separation by reason of 
erroneous enlistment due to drug abuse, and were assigned an RE-4 
reenl i s h e n  t 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 m ~ ~ k n r s  of the p a n e l   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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