DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
WMP
Docket No:
26 November 2002
3737-02
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 20 November 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
of your application,
support thereof, your naval record and applicable statutes,
regulations and policies.
Documentary material considered by the Board consisted
together with all material submitted in
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 enlisted in the Navy on 16 November
On 16 March 2001, a Navy drug
2000 for four years at age 34.
laboratory reported that the results of a random drug screening
urinalysis had tested positive for amphetamines and
methamphetamines.
April 2001 you received nonjudicial punishment (NJP) for
wrongful use of a controlled substance.
for failure to go to our appointed place of duty.
punishment imposed was forfeitures of $585 per month for two
months, 45 days of restriction and extra duty, and reduction to
paygrade E-2.
As a result of this positive urinalysis, on 2
NJP was also imposed
The
On 3 July 2001, you were notified that separation action was
being initiated by reason of misconduct due to drug abuse.
were advised of and waived all of your procedural rights.
You
On 3 July 2001, your commanding officer
action, recommending an other than honorable discharge due to
misconduct, to the discharge authority.
discharge was directed and, on 6 August 2001, you were
discharged under other than honorable conditions.
an RE-4 reenlistment code was assigned.
On 30 July 2001
forwarded the separation
At that time,
In its review of your application the Board carefully weighed
all potentially mitigating factors such as your contention that
you never used drugs and that the urine specimen was taken
However, the Board concluded that the record
before a weekend.
fully supported the other than honorable discharge, based on the
positive urinalysis.
provided no evidence to support your contentions that you never
used drugs or that the urine tested was not yours.
the RE-4 reenlistment code,
individual is discharged by reason of misconduct.
your application has been denied.
members of the panel will be furnished upon request.
such a code must be assigned when an
Accordingly,
Furthermore, the Board noted that you have
The names and votes of the
Concerning
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board.
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.
it is important to keep in mind that
You are entitled to have
In this regard,
Sincerely,
W. DEAN PFEIFFER
Executive Director
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