DEPARTMENT OF THE NPVY
BOARD F O R C O R R E C T I O N O F NAVAL RECORDS
2 N A V Y A N N E X
WASHINGTON D C 2 0 3 7 0 - 5 1 0 0
CRS
Docket No: 5493-03
15 August 2003
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 13 August 2003. 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.
The Board found that you enlisted in the Navy on 5 October 1998.
On 6 October 1998 you submitted to an accession urinalysis that
tested positive for marijuana. On 16 October 1999 the commanding
officer directed your separation. Subsequently, on 20 October
1998 you received 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.
The Board noted that 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 Boakd 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.
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
existence of probable
on the applicant to demonstrate the
material error or injustice.
Sincerely,
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