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NAVY | BCNR | CY2007 | 03581-07
Original file (03581-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



 SJN
 Docket No: 0358l-07
 22 January 2008







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 fo r the Board for Correction of Naval Record s si tt i ng in execute session, considered your a pplication on 1 6 January 2008, Your allegations of error and i njustice were reviewed in accordance with administrat iv e 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 28 November 2006 at age 19. Subsequently, your accession urinalysis tested positive for marijuana. On 26 December 2006, your commanding officer directed your separation. On 2 January 2007, you were discharged with an entry level separation by reason of erroneous enlistment due to drug abuse. At that time, you were assigned a reenlistment code of RE—4.
Applicable regulations require the assignment of an RE-4 reenlistment code to individuals who are separated due to erroneous enlistment based on preservice use of drugs. The Board thus concluded that there is no error or injustice in 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 to upgrade your discharge or change the reason for separation because you did not request such action, and you have not exhausted your administrative remedy by applying to the Naval Discharge Review Board (NIJRB). You may apply to NDRB by submitting the attached DID 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

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