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NAVY | BCNR | CY2006 | 02241-06
Original file (02241-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 2241-06
20 September 2006


This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, 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 19 September 2006. Your allegations of error and in]ustlce 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.
You enlisted in the Navy on 1 September 2005 at age 17. Your record contains a message from a Navy drug laboratory dated 8 September 2005 which states that your urine sample tested positive for marijuana. As a result, on 9 September 2005, you were notified of pending administrative separation action by reason of erroneous enlistment due to drug abuse. At that time you waived your right to consult with legal counsel, but submitted a statement in rebuttal to the discharge action in which you said that the results of your test were positive due to second-hand smoke. On 14 September 2005 the discharge authority directed an uncharacterized entry level separation by reason of erroneous entry due to drug abuse, and on 21 September 2005 you were so separated from the Navy and were assigned an RE-4 reenlistment code.
 The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and letter of apology. Nevertheless, the Board concluded these factors were not sufficient to warrant a change in the reenlistment code. Such a code is required when a Sailor is separated by reason of erroneous entry due to drug abuse. 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 PFEIFFER
 Executive Director

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