DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 3447-08
8 January 2009
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 7 January 2009. 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 8 February 2000, you enlisted in the Navy at age 20. On
15 March 2000, you began an unauthorized absence (UA) that
ended on 19 March 2000, a period of four days. It appears that
you were given a urinalysis upon return from your UA thpt
tested positive for marijuana. Apparently, your commanfing
officer subsequently recommended you for an entry level
separation by reason of erroneous entry due to drug abube that
occurred before you enlisted in the Navy. In connection with
this processing, you would have acknowledged the separation
action and been given an opportunity to submit a statement.
On 24 March 2000, the separation authority approved the
discharge recommendation and directed an entry level
separation by reason of erroneous entry due to drug abupe. On
28 March 2000, you had nonjudicial punishment for the fpur day
period of UA and use of marijuana. On 31 March 2000, ypu were
discharged with an entry level separation by reason of
erroneous entry due to drug abuse 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. 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 upom
request.
The Board noted that although the Navy may not consider |waiving
an RE-4 reenlistment code, other branches of the armed i
such as the Army National Guard, may consider such a waiver.
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 jin 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 t
demonstrate the existence of probable material error or
injustice.
Sincerely,
W. DEAN BE
Executive Dil
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