DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 1836-08
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 13 August 2007, you completed enlistment documents in which
you denied ever having tried, used, or sold drugs. On
18 December 2007, you enlisted in the Navy at age 23. Based on
the information currently contained in the record, it appears
that you were found to have procured a fraudulent enlistment
through material misrepresentation, omission, or concealment of
drug use or abuse. Furthermore, it appears that your
commanding officer subsequently recommended you for an entry
level separation by reason of fraudulent entry into the
military service due to drug abuse. In connection with this
processing, you would have acknowledged the separation action.
Apparently, the separation authority approved the discharge
recommendation and directed an entry level separation by reason
of fraudulent entry into the military service due to drug
abuse. On 18 January 2008, you were so discharged and assigned
an RE-4 reenlistment code.
Regulations authorize the assignment of an RE-4 reenlistment
code to members who are discharged by reason of fraudulent
entry into the military service. 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.
a
my DEAN DearS
Executive
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