DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
S
CRS
Docket No: 3350-02
9 May 200 2
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 8 May 2002.
Your allegations of error and
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 24 May 2001 at
age 21.
The record reflects that on 25 July 2001 you received
nonjudicial punishment for an unauthorized absence of 32 days and
use of marijuana.
On 30 July 2001 the commanding officer recommended that you be
separated with an other than honorable discharge by reason of
misconduct due to drug abuse and commission of a serious offense.
you elected to waive the right
When informed of recommendation,
to present your case to an administrative discharge board.
review by the discharge authority, the recommendation for
separation was approved and on 6 August 2001 you were discharged
with an other than honorable discharge by reason of misconduct
due to drug abuse.
reenlistment code of RE-4.
At that time, you were assigned a
After
Applicable regulations require the assignment of an RE-4
reenlistment code when an individual is discharged due to
misconduct.
Since you have been treated no differently than
others in your situation,
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 could not find an error or
The names and
The Board did not consider whether your characterization of
service or reason for separation should be changed, since you did
not ask for such consideration and you have not exhausted your
administrative remedy by applying to the Naval Discharge Review
You may apply to NDRB by submitting the attached
Board (NDRB).
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
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