DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 7936-01
21 November 2001
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.
t-
'7
_
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 20 November 2001.
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.
Your allegations of error and
:
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 reenlisted in the Navy on 14 January
The
1987 after more than seven years of prior active service.
record reflects that while you were in drug aftercare, your urine
sample tested positive for drugs.
On 10 May 1988 the commanding officer recommended that you be
separated with a general discharge by reason of misconduct due to
drug abuse.
When informed of the recommendation, you elected to
waive the right to present your case to an administrative
discharge board.
recommendation for separation was modified and you were
discharged with an honorable discharge by reason of misconduct on
30 June 1988.
At that time you were assigned a reenlistment code
of RE-4.
After review by the discharge authority, the
Applicable regulations require the.assignment of an RE-4
reenlistment code when an individual is discharged due to
misconduct.
clearly indicates that you committed misconduct by using drugs.
In this regard, the Board noted that the record
Since you have been treated no differently than others in your
situation, the Board could not find an error or injustice in the
assignment of your reenlistment code.
application has been denied.
The names and votes of the members
of the panel will be furnished upon request.
Accordingly, your
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.
f.
,
Sincerely,
W. DEAN PFEIFFER
Executive Director
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