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NAVY | BCNR | CY2006 | 06509-06
Original file (06509-06.rtf) Auto-classification: Denied
                                             DEPARTMENT OF THE NAVY
                   BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370~5 100
SMW
 Docket No: 6509-06
 13 November 2006



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 8 November 2006. 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 Navy on 17 April 2002 at age 25. Subsequently, your urinalysis tested positive for phencyclidine (PCP). On 25 April 2002 your commanding officer initiated administrative separation action by reason of erroneous entry due to drug abuse. On 29 April 2002 the separation authority approved the recommendation of your commanding officer and directed an entry level separation by reason of erroneous entry due to drug abuse. On 2 May 2002 you were so discharged. At that time you were assigned an RE-4 reenlistment code, which means that you are neither eligible nor recommended for reenlistment.
Regulations direct the assignment of an RE-4 reenlistment code to individuals who are discharged by reason of erroneous entry due to drug abuse. 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 the RE-4 reenlistment code.
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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