DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No:
18 October 2001
3411-01
Dear
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 16 October 2001.
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.
Your allegations of error and
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 Navy on 3 August 1999 at age 28.
September 1999 you were diagnosed with attention
deficit/hyperactivity disorder.
for substance abuse.
Drinks day from ages 19 to 24 and used marijuana every day from
age 25 until one week before you reported for recruit training.
Based on your admissions,
you were diagnosed with alcohol and
marijuana dependence.
You admitted that you consumed 15 to 24
In addition, you were evaluated
On 30
Based on the foregoing diagnoses,
administrative separation.
your procedural rights.
directed an entry level separation by reason of erroneous
enlistment.
reenlistment and were assigned an RE-4 reenlistment code.
At that time you were not recommended for
At that time, you elected to waive
After review, the separation authority
you were processed for an
You contend in your application that the reenlistment code should
be changed because your recruiter told you not to mention your
drug and alcohol abuse or your attention deficit/hyperactivity
disorder.
because of fraudulent enlistment but because of an erroneous
enlistment.
However, the Board notes that you were not separated
This means that your enlistment was in error because
your attention deficit/hyperactivity disorder and drug and
alcohol dependence were bars to enlistment.
concluded that you were properly discharged by reason of
erroneous enlistment.
Therefore, the Board
Regulations allow for the assignment of an RE-4 reenlistment code
when an individual is separated by reason of erroneous
enlistment, and such a code is normally assigned when the
underlying reason for separation is drug and alcohol dependence.
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.
votes of the members of the panel will be furnished upon request.
The names and
It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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 PF'EIFFER
Executive Director
2
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