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NAVY | BCNR | CY2004 | 09887-04
Original file (09887-04.doc) Auto-classification: Denied



   DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS


I
     2 NAVY ANNEX
WASHINGTON DC 20370-5100     CRS
                        Docket No: 9887-04
7 October 2005









     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
     September 2005. 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 15 September 2004. On
     16 September 2004 you submitted to an accession urinalysis that tested
     positive for marijuana. On 24 September 2004 the commanding officer
     directed your separation. On 1 October 2004 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.

     Applicable regulations require the assignment of an RE-4 reenlistment
     code to individuals who are separated due to erroneous enlistment
     based on pre-service use of drugs. The Board 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 on the
applicant to demonstrate the existence of probable material error or
injustice.

                                 Sincerely,











































                                      2

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