DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No:
13 May 2002
7154-01
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 7 May 2002.
Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
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.
In a National Agency Check Security Questionnaire, dated 4 March
2002, you answered
rrnoVV to questions concerning involvement with
civil authorities and being charged with or convicted of any
offense(s) related to alcohol or drugs.
certified that your previous answers concerning drug abuse in
your pre-enlistment documents were correct, and you had not used
drugs since then.
On 18 March 2001 you
You enlisted in the Navy on 19 March 2001 at age 21.
Subsequently, you admitted during the "Moment of Truth" that you
had a court date on 5 April 2001 for reckless driving, an offense
which had occurred in December 2000.
charged by civil authorities with attempting to obtain controlled
substances by using a forged medical prescription for an offense
The court set bail at $10,000
which occurred on 12 March 2001.
and issued a warrant for your arrest.
On 1 April 2001 you were
Based on the foregoing record, you were processed for an
administrative discharge by reason of fraudulent enlistment.
After review, the separation authority directed an entry level
separation by reason of fraudulent enlistment.
You were so
separated on 11 June 2001.
recommended for reenlistment and were assigned an RE-4
reenlistment code.
At that time, you were not
You contend in your application that you did not fraudulently
enlist because you were unaware of the charges against you, which
were not filed until after you were on active duty.
change in the reenlistment code so that you can reenter the
military.
You desire a
whether or not you were
that you were aware that
It cannot be ascertained from the record,
arrested by civil authorities in connection with the forged
prescription offense on 12 March 2001,
the arrest warrant was being processed, or that you were
convicted of that offense.
The record does show that the day
prior to enlisting in the Navy you again certified that you had
not used drugs.
and pending court date for reckless driving and the incomplete
information on the forged prescription offense, the Board
concluded that the documentation of record was sufficient to
support separation processing and you were properly separated by
reason of fraudulent enlistment.
Given your concealment of your preservice arrest
Regulations require the assignment of an RE-4 reenlistment code
when an individual is separation because of a fraudulent
enlistment.
others in your situation,
injustice in the assignment of the RE-4 reenlistment code.
Since you have been treated no differently than
the Board could not find an error or
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
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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