DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
TRG
WASHINGTON DC 20370-5100 Docket No: 3832-08
25 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Navy on 11 January 1994. The next day,
apparently based on your statement, you were diagnosed as being
cannabis dependent. A service record entry dated 18 January 1994
states that you had admitted using marijuana about 1000 times
from October 1991 to August 1993. Additionally, you admitted to
using amphetamines and hallucinogens on several occasions.
Based on the dependency diagnosis, you were processed for an
administrative separation by reason of a void enlistment. You
indicated at that time that you did not object to separation.
After review, the separation authority directed that your
enlistment be voided and you were so discharged on 27 January
1994. At that time you were not recommended for reenlistment and
were assigned an RE-4 reenlistment code.
Regulations allow for an enlistment to be voided when an
individual is found to be drug or alcohol dependent upon
enlistment. Since you were diagnosed as being drug dependent,
the Board concluded that your separation from the Navy was
proper.
Regulations require the assignment of an RE-4 reenlistment code
when an individual's enlistment is voided. 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,
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