DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 1779-08
9 October 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 8 October 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 18 March 2007, you acknowledged the Navy's drug policy,
which prohibits the use of illegal drugs. On 19 March 2007,
you enlisted in the Navy at age 22. On 20 March 2007, your
accession urinalysis tested positive for marijuana. On
26 March 2007, your commanding officer recommended you for an
entry level separation by reason of erroneous entry due to drug
abuse. In connection with this processing, you acknowledged
the separation action. On 29 March 2007, the separation
authority approved the discharge recommendation and directed an
entry level separation by reason of erroneous entry due to drug
abuse. On 4 April 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 entry due
to drug abuse. Given your positive urinalysis, and 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,
LD eae
W. DEAN PFE
Executive Direc
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