DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 5818-02
15 August 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.
sitting in executive session, considered your
A three-member panel of the Board for Correction of Naval
Records,
application on 13 August 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof, your naval record,
and policies.
together with all material submitted in support
and applicable statutes, regulations,
Documentary material considered by the Board consisted of
Your allegations of error and
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 18 October 1999 at the age of 20.
Your record contains a drug and alcohol report, dated 28 October
1999, which states that you were referred for administrative
separation because your urine sample tested positive for
marijuana.
Subsequently, you were notified that administrative separation
had been initiated by reason of erroneous entry due drug abuse as
You waived the right to
evidenced by a positive urinalysis.
respond to the notification and did not object to the separation.
On 3 November 1999 the discharge authority directed an
uncharacterized entry level separation by reason of erroneous
entry due to drug abuse.
separated from the Navy and were assigned an RR-4 reenlistment
code.
On 8 November 1999 you were so
in its review of your entire record and application,
The Board,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity, post service conduct, and your
contention that you were told that you could reenlist in the Navy
Nevertheless, the Board
six months after your separation.
concluded these factors and contention were not sufficient to
Such a code is
warrant a change in the reenlistment code.
mandatory when an individual is separated by reason of erroneous
entry due to drug abuse.
record, and you submitted none,
you told by Navy authorities
after your separation.
denied.
there is no evidence in the
to support your contention that
that you could reenlist six months
Accordingly, your application has been
Further,
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.
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard,
presumption of regularity attaches to all official records.
Consequently,
record,
existence of probable material error or injustice.
the burden is on the applicant to demonstrate the
it is important to keep in mind that a
when applying for a correction of an official naval
You are entitled to have the
Sincerely,
W. DEAN PFEIFFER
Executive Director
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DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 ELP Docket No. 1148-01 28 June 2001 Dea r