DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
S
WASHINGTON DC 20370-510
0
TRG
Docket No: 7008-00
4 April 2001
Dear
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 3 April 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.
The Board found that you enlisted in the Delayed Entry Program of
the Naval Reserve on 11 September 1997.
admitted to using marijuana two or three times prior to
enlistment.
You enlisted in the Navy on 23 July 1998 at age 18.
Subsequently, you admitted using marijuana five times during the
period October 1996 to June 1998.
enlistment, you were retained in the Navy.
if any additional information became known judicial or
administrative proceedings could be initiated.
acknowledged that the authority for retention did not apply to
separation processing based on a positive urinalysis.
Despite your fraudulent
At that time, you
You were warned that
In addition, you
On 29 July 1998 the Navy Drug Laboratory reported that your
accession urinalysis showed that you had used marijuana.
on the urinalysis you were processed for an administrative
separation by reason of erroneous enlistment due to drug abuse.
In connection with this processing,
you elected to waive your
procedural rights.
directed an entry level separation and you were so separated on
At that time, you were not recommended for
August 1998.
reenlistment and were assigned an RE-4 reenlistment code.
After review, the separation authority
Based
7
Regulations require the assignment of an RE-4 reenlistment code
when an individual is separated from Navy recruit training due to
drug abuse.
individual is separated due to a fraudulent enlistment.
you have been treated no differently than others separated for
those reasons, the Board could not find an error or
the assignment of the RE-4
In addition such a code is assigned when an
reenlistinent code.
Since
injustice in
Accordingly, your application has been denied.
votes of the members of the panel will be furnished
The names and
upon request.
It is regretted that the circumstances of your case
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.
are such that
Sincerely,
W. DEAN PFEIFFER
Executive Director
NAVY | BCNR | CY2001 | 00069-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 June 2001. Regulations allow for the assignment of an RE-3J reenlistment code when an individual in an entry level status tests positive for marijuana use, served less than 30 days in the DEP, confessed to the use of marijuana during the moment of truth, and was processed for separation by reason of fraudulent enlistment. Consequently, when applying for a...
NAVY | BCNR | CY2008 | 05536-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 February 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2002 | 07021-00
on 14 December 1999. and admitted to using alcohol 650 times and marijuana 1900 times. Regulations require the assignment of an RE-4 reenlistment code when an individual is separated from Navy recruit training due to In addition such a code is assigned when an drug abuse. 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.
NAVY | BCNR | CY2001 | 00954-01
A three-member panel for the Board for Correction of Navy Records, sitting in executive session, considered your application on 6 June 2001. injustice were reviewed in accordance with adm'inistrative regulations and procedures applicable to the proceedings of this Board. Documentary material considered by the Board consisted of Your allegations of error and mzterial submitted in support After careful and conscientious consideration of the entire record, the Board found that the evidence...
NAVY | BCNR | CY2007 | 03550-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 August 2008. It is clear that individuals who have been denied a security clearance cannot serve in the Navy. 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.
NAVY | DRB | 2005_Navy | ND0500326
You will also notice that once my statement was submitted no action was taken. It was quoted to me by administrative Navy personnel, "Since everything happened on your first enlistment, your second enlistment wipes your slate clean.” Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:None PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 980205 -...
NAVY | BCNR | CY2007 | 04620-07
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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.You enlisted in the Navy on 7 February 2007 at age 21. As a result, you were processed for an...
NAVY | BCNR | CY2008 | 01251-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 September 2008. In this regard, the record shows that you were discharged by reason of fraudulent entry due to your failure to disclose pre-service drug abuse. 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.
CG | BCMR | Alcohol and Drug Cases | 2003-048
The Chief Counsel further stated as follows: Applicant does not deny using illegal drugs. The applicant was warned at the time of his enlistment that he would be discharged with a general discharge under honorable conditions if his urine tested positive for drug use upon entering recruit training. The applicant's explanation that he tried marijuana only one time and that he should be respected for wanting to help his country does not persuade the Board that the applicant's discharge for...
NAVY | DRB | 1999_Navy | ND99-00906
AA (applicant) should be separated from Naval service with an Other than Honorable discharge. I most strongly recommended he be discharged from Naval service with an Other than Honorable discharge.980428: Commander, Cruiser-Destroyer Group ONE directed the applicant's discharge general (under honorable conditions) by reason of misconduct due to drug abuse (use). Responding to the applicant’s request for a reason change, the applicant’s misconduct is clearly documented in the service record.