DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20376-5100
BAN
Docket No: 12130-08
25 September 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 17 September 2009. Your allegations of error and
injustice were reviewed 4n 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 on 9 July 1998. On 11 July 1998, you
were seen by a mental health professional at the recruit training
command, received a diagnosis of cocaine dependency and a
borderline personality disorder, and were recommended for
separation. Therefore, on 20 July 1998, your military contract
was voided due to fraudulent enlistment because of undisclosed
drug use of marijuana, cocaine, and methamphetamine, and you were
separated with an RE-4 reenlistment code.
Title 10 United States Code, section 978 provides that the
enlistment of any person determined to have been dependent on
alcohol or other drugs at the time of enlistment shall be voided,
and the individual shall be released from custody and control of
the naval service. However, such a determination must be made
within 72 hours from the date of enlistment. In your case, a
determination was made 11 July 1998, within 48 hours from the
date of your original enlistment.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and claim that you only used drugs once.
Nevertheless, the Board concluded these factors were not
sufficient to warrant a change to your 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,
Wee
W. DEAN PFE
Executive Direatior
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