DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 305-08
21 August 2008
This is in reference]to your application for correction of your
naval record pursuant to the provisions of title 10 of the
United States Code, section 1552.
ra.
A three-member panel|of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 20 August 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 conlscientious consideration of the entire
record, the Board foumd the evidence submitted was insufficient
to establish the exisltence of probable material error or
injustice.
On 13 September 2007,| enlistment processing documents were
completed in which you denied ever using illegal drugs. on
19 September 2007, yoh enlisted in the Navy Reserve at age 19
and began a period of| active service on 13 November 2007.
Based on the information currently contained in the record, it
appears that your commanding officer subsequently recommended
you for an entry level separation by reason of fraudulent entry
due to drug abuse. Im connection with this processing, you
would have acknowledgé¢d the separation action-and been given an
opportunity to submitla statement. Apparently, the separation
authority approved the discharge recommendation. On
20 December 2007, you |were discharged with an entry level
separation by reason df fraudulent entry due to drug abuse and
assigned an RE-4 reenllistment code.
Regulations authorize |the assignment of an RE-4 reenlistment
code to members who are discharged due to fraudulent entry.
Given your failure tp
enlistment process an
stopped long before
treated no different
could not find an er
RE-4 reenlistment colt
denied. The names an
ly
disclose pre-service drug use during the
d your admission that your drug abuse
ou enlisted, and since you have been
than others in your situation, the Board
or or injustice in the assignment of the
e. Accordingly, your application has been
d votes of the members of the panel will
be furnished upon request.
It is regretted that
that favorable actior
have the Board recon
and material evidencd
by the Board. In th
that a presumption of
records. Consequent]
official naval record
demonstrate the exist
injustice.
It
Y,
the circumstances of your case are such
cannot be taken. You are entitled to
sider its decision upon submission of new
or other matter not previously considered
s regard, it is important to keep in mind
regularity attaches to all official
when applying for a correction of an
, the burden is on the applicant to
ence of probable material error or
Sincerely,
FOR W. DEAN Soho FER
Executive Director
1 ot
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