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NAVY | BCNR | CY2005 | 01730-05
Original file (01730-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

SMW
                                                                                          Docket No: 1730-05
                                                                                          31 August 2005



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 30 August 2005. 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 4 November 1985 at the age of 23 with a pre-service drug waiver for use of marijuana. You then served without incident until 8 June 1988, when you were counseled for use of marijuana and advised that further misconduct or deficiencies could result in administrative separation or disciplinary action. On 8 July 1988 you received nonjudicial punishment (NJP) for use of marijuana.
On 3 November 1988 you were advised, by service record counseling entry, that you were not eligible for reenlistment. The enlisted performance record entry dated 3 November 1988 also shows that you were not recommended for reenlistment.
On 3 November 1988 you were released from active duty, while serving in pay grade E-3, due to expiration of active obligated service. At that time you were assigned an RE-4 reenlistment code, which means that you were not eligible or recommended for reenlistment.





Your service records clearly indicate that you were not recommended or eligible for reenlistment due to your misconduct, which resulted in NJP for using marijuana.
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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