DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 2921-07
ll February 2008
a ; ws
This is in reference to your application for correction of your
naval record pursyant 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 5 February 2008. 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 28 August 1998 at age 18. Shortly
thereafter, on 2 September 1998, a drug and alcohol report
stated, in part, that your urine sample had tested positive for
cocaine. As a result, on 4 September 1998, you were notified of
pending administrative separation action by reason of erroneous
enlistment due to drug abuse. On 9 September 1998 the discharge
authority directed an uncharacterized entry level separation by
reason of erroneous entry due to drug abuse, and on 14 September
1998 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 desire to reenlist in the Navy. Nevertheless, the
Board concluded these factors were not sufficient to warrant a
change in the reenlistment code because of the seriousness of
your drug related misconduct, Finally, an RE-4 reenlistment code
is authorized 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,
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