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
NAVY | BCNR | CY2001 | 08181-01
A three-member panel of the Board for Correction of Navy Records, sitting in executive session, considered your application on 10 April 2002. 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. Since you have been treated no differently than others separated under similar circumstances, the Board could find no error or injustice in your...
NAVY | BCNR | CY2002 | 06329-02
Additionally, the Board concurred with the Accordingly, your application has been The names and votes of the members of the panel will be In its review of your application the Board carefully weighed all such as your youth and immaturity potentially mitigating factors, and the contention that you should be reinstated since your positive urinalysis for ecstacy was flawed, based on a newspaper However, the Board concluded that article on Navy drug testing. The Department of Defense (D Progra...
NAVY | BCNR | CY2002 | 10826-02
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 CRS Docket No: 10826-02 11 September 2003 The Board also considered an advisory opinion on.a from the Navy Environmental Health Your allegations of error and application for correction of your provisions of title 10 of the United This is in reference to your naval record pursuant to the States Code section 1552. commanding officer's decision at NJP that you had used drugs was reasonable, given...
NAVY | BCNR | CY2003 | 00756-03
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. The Navy Drug Screening Laboratory, Great Lakes, reported a methamphetamine concentration approximately 8,072 concentration of 6,820 ng/mL, consistent with recent use of illicit methamphetamine. akey c. The information provided methamphetamine/amphetamine Correction of the urinalysis test result.
NAVY | BCNR | CY2001 | 06881-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 April 2002. The recommendations of the medical board were to attempt to control the cluster headaches through medication and a six month period of limited duty. Additionally the Board considered the statements of your commanding officer concerning his investigation, your personal letter written concerning your positive urinalysis test and the fact that you were...
NAVY | BCNR | CY2003 | 05493-03
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 August 2003. 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 existence of probable on the applicant to demonstrate...
NAVY | BCNR | CY2002 | 04427-01
In a statement he submitted on the date of the NJP, The disciplinary action was based on a urine sample when he received NJP for use of f. On 23 June 2000 Petitioner appealed the NJP on the grounds that he was denied access to the "litigation package" prepared by the Navy drug laboratory, "innocent ingestion" defense or question the chain of custody at the drug laboratory. At the time of the positive urinalysis result, Petitioner had never been the subject of a disciplinary action during...
NAVY | DRB | 2009_Navy | ND0900632
After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found Pertinent Regulation/Law (cont) B. ” Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years from the date of discharge. Additionally, the NDRB does not have the authority to...
NAVY | BCNR | CY2001 | 07230-01
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. Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2002 | 08022-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 January 2002. 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. Consequently, when...