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NAVY | BCNR | CY2007 | 04620-07
Original file (04620-07.rtf) Auto-classification: Denied

                  DEPARTMENT OF THE NAVY   
                                    BOARD FOR CORRECTION OF NAVAL RECORDS
                                                      2 NAVY ANNEX
                                             WASHINGTON DC 20370-5100

TJR
Docket No: 4620-07
2 April 2008







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 1 April 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 7 February 2007 at age 21. Shortly thereafter, a drug and alcohol report stated, in part, that your urine sample had tested positive for a controlled substance. As a result, you were processed for an administrative separation by reason of erroneous enlistment due to drug abuse. The discharge authority directed an uncharacterized entry level separation by reason of erroneous entry due to drug abuse, and on 12 March 2007 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 assertion that you should have received an RE-3J reenlistment code because of your entry level drug testing failure. 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.

 Further, an RE-3J reenlistment code is only authorized, and may be assigned for ‘one time drug use’ if a Sailor is processed for separation by reason of fraudulent entry. However, this code may not be assigned if the Sailor is separated by reason of erroneous entry due to drug abuse. In this regard, the discharge authority is not required or obligated to process a Sailor for separation by reason of fraudulent entry based solely on drug abuse. Finally, an RE-4 reenlistment code is authorized when a Sailor is separated by reason of erroneous entry due to drug abuse as a result of a positive urinalysis for controlled substances. 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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