DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 651-08
5 September 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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 3 September 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.
On 11 October 2007, you enlisted in the Navy at age 22. On
12 October 2007, your accession urinalysis tested positive for
marijuana. 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
erroneous enlistment due to drug abuse. In connection with
this processing, you would have acknowledged the separation
action and been given an opportunity to submit a statement.
On 30 October 2007, the separation authority approved the
discharge recommendation and directed an entry level separation
by reason of erroneous enlistment due to drug abuse. On
7 November 2007, you were so discharged and assigned an RE-4
reenlistment code.
Regulations direct the assignment of an RE-4 reenlistment code
to members who are discharged by reason of erroneous enlistment
due to drug abuse. Since you have been treated no differently
than others in your situation, the Board could not find an
error or injustice in the assignment of the RE-4 reenlistment
code. 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 P F
Executive D r
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