DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 7316-02
12 December 2002
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 10 December 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.
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.
Based on the positive urinalysis, you were
You reenlisted in the Naval Reserve on 6 April 1986 at age 24
after about three years of active service on a prior enlistment.
On 29 January 1987 a Navy Drug Laboratory reported that you had
used marijuana.
processed for an administrative discharge.
an administrative discharge board (ADB) found that you had
committed misconduct due to drug abuse but
retention in the Naval Reserve.
Assistant Secretary of the Navy (Manpower and Reserve Affairs)
approved the recommendation of the Chief of Naval Personnel and
your
reason of misconduct due to drug abuse.
on 11 March 1988.
reenlistment
cormnanding officer that you be issued a general discharge by
You were so discharged
On 12 November 1987
recorrrmended your
On 26 February 1988, the
At that time you were not recommended for
In its review of your application the Board carefully weighed all
potentially mitigating factors,
service and your contention that the ADB found you not guilty of
drug abuse.
The Board found that these factors and contentions
were not sufficient to warrant recharacterization of your
discharge or to change the reason for your discharge given the
such as your prior honorable
fact that the ADB found that you had committed misconduct by
using marijuana.
Navy regulations allowed for discharge as long as there was a
finding of misconduct.
reason of misconduct was proper as issued and no change is
warranted.
Even though you were recommended for retention,
The Board concluded that the discharge by
Concerning the nonrecommendation for reenlistment, which equates
to an RE-4 reenlistment code, Navy regulations require such a
recommendation when an individual is discharged by reason of
misconduct.
Since you have been treated no differently than
others in your situation,
the Board could not find an error or
injustice in the decision not to recommend you for reenlistment.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
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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