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NAVY | BCNR | CY2004 | 01715-04
Original file (01715-04.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



 TJR
 Docket No: 1715-04
18 May 2004

Dear

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 11 May 2004. 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.
You enlisted in the Naval Reserve on 19 November 1993 at age 18 and reported for active duty on 24 November 1993. The following day, on 25 November 1993, a urinalysis report stated that your urine sample had tested positive for marijuana. On 8 December 1993, during a medical evaluation, you reported that you had used alcohol once or twice a week and had smoked marijuana on four occasions during the period from 1990 to 1992. You further reported that you had not used marijuana in November 1993, but were around others that were smoking marijuana.
Subsequently, you were notified of pending administrative separation action by reason of erroneous entry due to drug abuse. At that time you waived your right to consult with legal counsel and to submit a statement objecting to the separation. On 9 December 1993 a drug and alcohol report stated that following a service directed urinalysis, your urine tested positive for marijuana. You were then recommended for an administrative
separation. On 12 December 1993 the discharge authority directed an uncharacterized entry level separation by reason of erroneous entry due to drug abuse. On 17 December 1993 you were so discharged and assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and immaturity and your assertion that an RE-4 reenlistment code was inaccurately assigned for your entry level separation. Nevertheless, the Board concluded these factors were not sufficient to warrant a change in the reenlistment code because of your drug use as evidenced by your urine samples that tested positive for marijuana. Further, an RE-4 reenlistment code is required when a Sailor is separated by reason of erroneous entry due to drug abuse. Accordingly, your application has been denied.



The names and votes of the members of the panel will be furnished upon request.
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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