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NAVY | BCNR | CY2007 | 09398-07
Original file (09398-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



 SMW
 Docket No: 9398-07
5 June 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 of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 June 2008. 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.
On 13 March 2001, you enlisted in the Navy at age 18. On 15 March 2001, your urinalysis tested positive for marijuana and amphetamines. On 29 March 2001, your commanding officer initiated an entry level separation by reason of erroneous entry due to drug abuse. In connection with this processing, you acknowledged the separation action, elected counsel, submitted a statement and requested copies of the separation documents. On 5 April 2001, the separation authority approved the discharge recommendation and directed an entry level separation by reason of erroneous entry due to drug abuse and assignment of an RE-4 reenlistment code. On 26 April 2001, you were so discharged and assigned an RE-4 reenlistment code.
Regulations direct the assignment of an RE-4 reenlistment code to members who are discharged by reason of erroneous entry due to drug abuse. Given your accession urinalysis that tested positive for marijuana and amphetamines, and 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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