DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 3691-09
5 February 2010
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 27 January 2010. The names and votes of the
members of the panel will be furnished upon request. 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.
Prior to your enlistment in the Navy you signed pre-enlistment
decuments in which you responded “No” to questions regarding the
use of illegal drugs. On 25 July 1991 you enlisted in the Navy
at age 19 and served without disciplinary incident. However, on
11 June 1992 you submitted a statement regarding your pre-service
drug use of cocaine and lysergic acid diethylamide {LSD) from the
age 15 to 19. This statement also noted that you underwent
treatment for drug and alcohol abuse. Subsequently, you were
notified of pending administrative separation action by reason of
Gefective enlistment due to fraudulent entry as evidenced by your
failure to reveal pre-service drug usage at boot camp, and upon
application for a security clearance. At that time you waived
your rights to consult with legal counsel and submit a statement
of rebuttal to the discharge. Shortly thereafter, the discharge
authority directed your commanding officer: to issue you a general
discharge by reason of defective enlistment and induction due to
fraudulent entry, and on 19 August 1992, 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 potentially mitigating factors, such as
your youth and desire to upgrade your discharge and change your
reenlistment code so that you may enlist in the Army. It also
considered your assertion that your recruiter changed your
statement regarding pre-service drug usage. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge or a change of your
reenlistment code because of the seriousness of your fraudulent
entry which was the result of your failure.to disclose your
complete history of pre-service drug abuse. Finally, there is no
evidence in the record, and you submitted none, to support your
assertion of recruiter misconduct. Accordingly, your application
has been denied.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitied 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,
Nera.
Executive Or
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