DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-510
0
TRG
Docket No: 7324-00
4 April 2001
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 on 22 July 1999 you were granted a waiver
for using marijuana four times.
At that time, you acknowledged
that drug use would not be tolerated and that urinalysis testing
would occur when your reported to active duty.
On 27 July 1999
you enlisted in the Delayed Entry Program of the Naval Reserve
and, on 1 October 1999, you enlisted in the Navy at age 18. On
14 October 1999 the Navy Drug Laboratory reported that your
accession urinalysis showed that you had used marijuana.
you were processed for an
Based on the positive urinalysis,
administrative separation by reason of erroneous enlistment due
In connection with this processing, you elected
to drug abuse.
to waive your procedural rights.
After review, the separation
authority directed an entry level separation and you were so
separated on 27 October 1999.
recommended for reenlistment and were assigned an RE-4
reenlistment code.
At that time you were not
Regulations require the assignment of an RE-4 reenlistment code
when an individual is separated from Navy recruit training due to
Since you have been treated no differently than
drug abuse.
others separated for that reason, the Board could not find an
error or injustice in the assignment of the RE-4 reenlistment
code.
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
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.
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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