DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TAL
WASHINGTON DC 20370-5100 Docket No: 00823-09
20 November 2009
Dear Sy
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 12 November 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)
20 July 1999 at age 19. Based on the information currently
contained in your record it appears that your accession
urinalysis tested positive for cocaine. On 2 August 1999,
administrative discharge action was initiated to separate you by
reason of erroneous entry, drug abuse. On 4 August 1999, your
commanding officer directed your separation. Subsequently, on 9
August 1999 you were discharged with an entry level separation by
reason of erroneous enlistment due to drug abuse. At that time,
you were assigned a reenlistment code of RE-4.
The Board in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth
and current desire to enlist in the Marine Corps. Nevertheless,
the Board concluded that these factors were not sufficient to
warrant changing your reenlistment code due to your drug abuse.
Applicable regulations require the assignment of an RE-4
reenlistment code to individuals who are separated due to
erroneous enlistment based on preservice use of drugs. The Board
thus concluded that there is no error or injustice in your
reenlistment code. Accordingly, your application has been
denied. The names and votes of the members of the panel will be
furnished upon request. .
‘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
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,
ladon del
W. DEAN PFEIF
Executive Di
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