DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
SON
Docket No: 011815-08
21 October 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.
BR three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 14 October 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.
You enlisted in the Navy and began a period of active duty on
16 February 1994 at age 18. On 27 September and 17 October 1995,
you received nonjudicial punishment (NOP) for assault and
disrespect.
On 6 December 1995, as a result of a background investigation, it
was determined that you failed to disclose your pre-service drug
use. As a result of your failure to disclose this information,
your commanding officer (CO) initiated administrative discharge
action by reason of fraudulent entry as evidenced by your
concealment of your pre-service drug use.
On 9 December 1995, your CO forwarded his recommendation that you
be discharged due to fraudulent enlistment with a general
discharge. In his recommendation, the CO stated, in part, that
because of your extensive use of drugs prior to entry into the
service and concealment of past drug use coupled with your record
of NUP, you could no longer be trusted. You were so discharged on
26 December 1995. At that time you were assigned an RE-4
reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant a change in the
reasons for your discharge or reenlistment code since you were
discharged by reason of fraudulent enlistment for failure to
disclose all of your pre-service drug use. Furthermore, an RE-4
reenlistment code must be assigned under such circumstances.
Accordingly, your application has been denied. The names and
votes of the menibers 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,
W.
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