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NAVY | BCNR | CY2002 | 07224-02
Original file (07224-02.pdf) Auto-classification: Denied
DEPARTMENT  OF THE  NAVY 

B O A R D   FOR  C O R R E C T I O N   O F N A V A L   R E C O R D S  

2   NAVY  ANNEX 

W A S H I N G T O N   D C   2 0 3 7 0 - 5 1 0 0  

FC 
Docket No: 07224-02 
21 April 2003 

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 16 April 2003.  Your allegations of error and 
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.  In addition, the Board considered the 
advisory opinion furnished by the Navy Environmental Health 
Center  (NEHC) dated 20 February 2003. 

The Board found that you enlisted in the Navy on 26 February 2002 
at age 18.  On 6 March 2002 the Navy drug laboratory advised the 
commanding officer that your accession urinalysis tested positive 
for cocaine.  As a result, on 8 March 2002 you were notified of 
administrative separation processing.  On 4 April 2002, the 
commanding officer authorized separation, and on 16 April 2002, 
you were so discharged with an entry-level separation by reason 
of erroneous enlistment due to drug use.  At that time, you were 
assigned a reenlistment code of RE-4. 

Applicable regulations require the assignment of an RE-4 
reenlistment code when an individual is discharged due to an 
erroneous enlistment due to drug use.  Given the positive 
urinalysis test for cocaine, the Board concluded that the reason 
for discharge and the RE-4 reenlistment code were properly 
assigned.  Further, the Board concurred with the findings and 
recommendation furnished by NEHC that stated that it was highly 
unlikely that passive exposure to "crack" cocaine would have 
resulted in a concentration over the Department of Defense 

cutoff level and recommended disapproval of your request.  The 
Board also noted that during you separation processing, a 
chemist at the drug laboratory provided input that is basically 
consistent with that provided by NEHC. 

Accordingly, your request has been denied.  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.  You are entitled to have 
the 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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