DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 7291-08
11 August 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 6 August 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.
The Board found that you enlisted in the Navy on 23 June 2008.
On 26 June 2008 your commander was notified that the urine
specimen you submitted on 24 June 2008 tested positive for the
presence of THC, a component of marijuana. On 18 July 2008 your
commanding officer directed your separation. On 24 July 2008 you
received an entry level separation by reason of erroneous
entry/drug abuse and were assigned a reentry code of RE-4.
Applicable regulations require the assignment of an RE-4 reentry
code to individuals who are separated due to erroneous entry
based on pre-service use of drugs. Accordingly, and as the Board
did not accept your contention that “the standard deviation was
not used in this case”, 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,
Sak
W. DEAN PF
Executive or
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