DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TOR
Docket No: 9395-07
6 November 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 5 November 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 23 March 1998 at age 20. While in
recruit training, your urine sample tested positive for cocaine.
As a result, on 31 March 1998, you were notified of pending
administrative separation by reason of erroneous entry due to
drug abuse. At that time you did not object to the separation
and waived your right to submit a rebuttal statement to the
aforementioned notification. On 2 April 1998 the separation
authority directed an uncharacterized entry level separation by
reason of erroneous entry, and on 7 April 1998 you were so
separated and 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. Nevertheless, the Board
concluded these factors were not sufficient to warrant a change
in your reenlistment code. Further, the Board concluded that
your drug abuse was sufficient to support the assignment of an
RE-4 reenlistment code. Finally, such a code is authorized by
regulatory guidance and normally assigned to Sailors who are
separated due to their failure to complete recruit training.
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. DE E
Executive Di
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