DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVYANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 10245-02
19 December 2002
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 17 December 2002.
Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Navy on
2000.
The record reflects that you received two
punishments.
totalling 17 days, use of marijuana, and failure
urinalysis testing.
that you be
On 1 May 2001 the commanding officer recommended
separated with an other than honorable discharge
by reason of
misconduct due to commission of a serious offense and drug abuse.
When informed of the recommendation,
you elected to waive the
right to present your case to an administrative discharge board.
After review by the discharge authority, the recommendation was
approved and on 1 June 2001 you received an other than honorable
discharge by reason of misconduct due to drug abuse.
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 by reason of
misconduct.
Since you have been treated no differently than
26 February
nonjudicial
absences
to report for
At that
The offenses included unauthorized
.
_
others in your situation, the Board could not find an error or
injustice in the assignment of your reenlistment code.
Accordingly, your application has been denied.
The names and
votes of the members of the panel will be furnished upon request.
The Board did not consider whether your characterization of
service or reason for separation should be changed, since you did
not ask for such consideration and you have not exhausted your
administrative remedy by applying to the Naval Discharge Review
Board (NDRB).
You may apply to NDRB by submitting the attached
DD Form 293.
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
Enclosure
2
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