This is in reference
naval record pursuant
United States Code,
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A three-member panel
Records, sitting in
application on 20 Au
injustice were revie
regulations and proc
this Board. Documen
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submitted in support
statutes, regulations,
After careful and con
record,
to establish the exis
injustice.
On 31 October 2007,
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on the information cxf
appears that your acc
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DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 11009-07
21 August 2008
correction of your
to the provisions of tltle 10 of the
kection 1552.
of the Board for Correction of Naval
xecutive session,
ust 2008.
ed in accordance with administrative
dures applicable to the proceedings of
ary material considered by the Board
lication,
thereof, your naval record,
considered your
Your allegations of error and
together with all material
and applicable
and policies.
scientious consideration of the entire
the Board foumd the evidence submitted was insufficient
tence of probable material error or
u enlisted in the Navy at age 23. Based
rently contained in the record, it
ssion urinalysis tested positive for an
your commanding officer subsequently
initiated an entry level separation by reason of erroneous
entry due to drug abu
you would have scknout
given an opportunity to submit a statement.
separation authority approved the discharge recommendation.
20 November 2007, you
separation by reason d
e. In connection with this processing,
edged the separation action and been
Apparently, the
on
were discharged with an entry level
f erroneous entry due to drug abuse and
assigned an RE-4 reenlistment code.
Regulations authorize
code to members who ar
Since you have been tu
Situation, the Board d
the assignment of an RE-4 reenlistment
e discharged due to erroneous entry.
eated no differently than others in your
ould not find an error or injustice in
the assignment of the RE-4 reenlistment code. Accordingly,
your application na 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 actidn cannot be taken. You are entitled to
have the Board reconsider its decision upon submission of new
and material evidende or other matter not previously considered
by the Board. In this regard, it is important to keep in mind
that a presumption olf regularity attaches to all official
records. Consequentily, when applying for a correction of an
official naval recor@, the burden is on the applicant to
demonstrate the exiskence of probable material error or
injustice.
Sincerely,
(Rha
ROBERT D.~ZSALMAN
Acting Executive Director
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