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NAVY | BCNR | CY2007 | 09464-07
Original file (09464-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
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                  TRG
 Docket No:9464-07
 6 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 28 May 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.
You enlisted in the Delayed Entry Program of the Navy Reserve on 5 August 1994. Subsequently, you enlisted in the Regular Navy on
 17 July 1995 at age 18. Four days later, the Navy Drug Laboratory reported that you had tested positive for use of marijuana. Based on the positive urinalysis, you were processed for an administrative separation by reason of drug abuse. In connection with this processing, you elected to waive your procedural rights. After review, the separation authority directed an entry level separation by reason of misconduct due to drug abuse and you were so separated on 28 July 1995.
In its review of your application the Board carefully weighed all potentially mitigating factors, such as your youth and contention, in effect, that there must have been an error in the urinalysis since a test given prior to reporting to active duty was negative. The Board found that these factors and contention were not sufficient to warrant recharacterization of your discharge given your positive urinalysis. Given the passage of time, no other information is available. The Board concluded that you were properly separated from the Navy due to drug abuse.
Regulations require the assignment of an RE-4 reenlistment code when an individual is separated by reason of misconduct due to
drug abuse. Since you have been treated no differently than others separated for that reason, 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 PFIEFFER
Executive Director


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