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NAVY | BCNR | CY2002 | 05181-00
Original file (05181-00.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

CRS
Docket No: 5181-00
7 February 2001

Dear
This is in reference to your
naval record pursuant to the
States Code, Section 1552.

application for correction of your
provisions of Title 10, United

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 31 January 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.

On 2 June 2000 you submitted to an accession urinalysis

The Board found that you enlisted in the delayed entry program on
On 1 June 2000 you reported to active
17 April 2000 at age 19.
duty.
that tested positive for marijuana.
commanding officer directed your separation.
June 2000 you received an entry level separation by reason of
erroneous entry due to drug abuse.
assigned a reenlistment code of RE-4.

At that time you were

On 12 June 2000 the

Subsequently,, on 16

The Board noted that applicable regulations require the
assignment of an RE-4 reenlistment code to individuals who are
separated due to erroneous enlistment based on preservice use of
drugs.
In this regard, you do not meet the waiver requirements
that you submitted from the Navy Personnel Command due to the
fact that you were in the delayed entry program for more than 30
days and have provided no evidence that you disclosed drug use
during the moment of truth.
is no error or injustice in your reenlistment code.
your application has been denied.

The Board thus concluded that there

The names and votes of the

Accordingly,

members of the panel will be furnished upon request.

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



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