DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 4456-08
4 December 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 December 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 19 June 2006, you enlisted in the Navy at age 20. On
23 June 2006, the results of your accession urinalysis were
positive for amphetamines, methamphetamines, and Ecstasy. On
28 June 2006, 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 and declined to submit a statement. On
30 June 2006, the separation authority approved the discharge
recommendation and directed an entry level separation by reason
of erroneous entry due to drug abuse. On 6 July 2006, 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.
The Board also considered your contention that your urinalysis
found no evidence of drugs before you enlisted in the Navy.
Nevertheless, the Board concluded that these factors and
contention were not sufficient to warrant changing the reason
for your discharge or the reenlistment code due to your
urinalysis that tested positive for drugs after you reported to
recruit training. Further, regulations authorize the
assignment of an RE-4 reenlistment code to service members who
are discharged by reason of erroneous entry. Since you have
been treated no differently than others in your situation, the
Board concluded that the discharge was proper as issued and no
change is 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, 4
Copy to:
The Honorable Hank Johnson
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