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NAVY | BCNR | CY2002 | 07393-01
Original file (07393-01.pdf) Auto-classification: Denied
DEPARTMENTOFTHE NAV

Y

BOARD FOR CORRECTION OF NAVAL RECORD

NAVY 

ANNEX

2 

WASHINGTON DC 20370-510

0

S

TRG
Docket No: 7393-01
22 February 2002

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 20 February 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.

You then

On that date you

The

for the periods ending 31

The enlisted performance record (page 9) shows that in

You were released from active duty in the rate of FA on

You enlisted in the Navy on 24 August 1987 at age 20.
served without incident until 13 December 1990.
received nonjudicial punishment for use of marijuana.
punishment imposed included a reduction in rate from FN (E-3) to
FA (E-2).
the next two performance evaluations,
January 1991 and 23 August 1991, you received above average
marks.
23 August 1991, with your service characterized as honorable.
At that time you acknowledged that you were not recommended for
reenlistment and were assigned an RE-4 reenlistment code because
of your failure to meet professional growth criteria.
Subsequently, you were issued an honorable discharge at the end
of your military obligation.
In reaching its decision, the Board noted that the nonjudicial
punishment for wrongful use of marijuana is considered to be a
serious offense and current regulations require processing for
discharge under other than honorable conditions, for such an
offense.
for reenlistment and the assignment of an RE-4 reenlistment code.

It could also be used to support a non-recommendation

In addition, regulations require the assignment of an RE-4
reenlistment code to an individual who fails to meet professional
growth criteria because he is separated in pay grade E-2 after an
Since you have been treated no
extended period of active duty.
differently than others in your situation, 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
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

2



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