DEPARTMENT OF THE NAVY
B O A R D F O R C O R R E C T I O N O F 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
ELP
Docket No. 8181-01
11 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 Navy Records,
sitting in executive session, considered your application on
10 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Navy on 30 November 2000 for four years at
age 26. At the time of your enlistment, you had more than three
months of active service in the Army National Guard. During the
enlistment processing, you signed a statement that you had not
used drugs and had been advised that you would receive a drug
test within 72 hours of reporting to recruit training. On the
date of your enlistment, you re-certified that you had not used
and drugs.
On 12 December 2000 a Navy drug laboratory reported that your
urine sample submitted on 1 December 2000 had tested positive for
cocaine. Thereafter, you were notified that separation
processing was being initiated by reason of erroneous enlistment
as evidenced by a confirmed positive urinalysis for cocaine.
You were advised of your procedural rights, declined to consult
with legal counsel or submit a statement in your own behalf, and
waived the right to have your case reviewed by the general court-
martial convening authority. On 15 December 2000 the discharge
authority directed an uncharacterized entry level separation by
reason of erroneous enlistment due to drug abuse. You were so
discharged on 20 December 2000 and assigned an RE-4 reenlistment
code.
Regulations require the assignment of an RE-4 reenlistment code
to individuals separated by reason of erroneous enlistment due to
drug abuse. Since you have been treated no differently than
others separated under similar circumstances, the Board could
find no error or injustice in your assigned reenlistment code.
The Board thus concluded that the 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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