a
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
a WASHINGTON DC 20370-5100
—
SMS
Docket No: 2243-08
6 November 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
5 November 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 that the evidence submitted was insufficient to
establish the existence of probable material error or injustice.
On 18 May 1999, you enlisted in the Navy at age 18. On
19 August 1999, you received a medical evaluation that diagnosed
you as having a depression disorder not otherwise specified,
oppositional defiant disorder, cannabis dependence, and severe
alcohol abuse. On 23 August 1999, your commanding officer initiated
an entry level separation by reason of erroneous entry due to drug
abuse and convenience of the government discharge due to a physical
or mental condition not a physical disability. In connection with
this processing, you acknowledged the separation action. On
26 August 1991, the separation authority approved the discharge
recommendation and directed an entry level separation by reason of
erroneous entry due to drug abuse. On 2 September 1999, you were so
discharged and assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth.
Nevertheless, the Board concluded that these factors were not
sufficient to warrant recharacterization of your discharge or
changing the reenlistment code. In this regard, regulations
authorize an uncharacterized entry level separation if the processing
of a service member's discharge begins within 180 days of entry on
active duty. Further, an uncharacterized entry level separation is
not considered derogatory. Regarding the reenlistment code,
regulations direct the assignment of an RE-4 reenlistment code for
service members who are discharged by reason of erroneous entry due
to drug abuse. Given your diagnoses that resulted in discharge after
about three months of active service and since you have been treated
no differently than others in your situation, the Board could not
find an error or injustice in the entry level separation or
assignment of the RE-4 reenlistment code. Therefore, the Board
concluded that the discharge was proper as issued and no changes are
warranted. 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,
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