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NAVY | BCNR | CY2003 | 00505-03
Original file (00505-03.pdf) Auto-classification: Denied
DEPARTMENT  OF THE  NAVY 

BOARD  FOR  CORRECTION  O F  NAVAL  RECORDS 

2   NAVY  ANNEX 

WASHINGTON  DC  2 0 3 7 0 - 5 1 0 0  

CRS 
Docket No:  505-03 
27 May 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 21 May  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. 

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 31 January 2001. 
The record reflects that on 1 September 2001 you received 
nonjudicial punishment for use of a controlled substance. 

On 18 October 2001 the commanding officer recommended that you be 
separated with an other than honorable discharge by  reason of 
misconduct due to drug abuse.  After review by  the discharge 
authority, the recommendation for separation was approved and you 
were discharged on 2 November 2001 with an other than honorable 
discharge.  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 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 assignment of your reenlistment code. 
~ccordingly, 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  isc charge 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 



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