DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 SIN
Docket No: 04410-09
8 May 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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 5 May 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
21 September 2007 at age 23. On 26 September 2007 your accession
urinalysis tested positive for marijuana use. On 28 September
2007, your commanding officer directed your separation.
Subsequently, on 15 October 2007 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 noted that applicable regulations require the
assignment of an RE-4 reenlistment code to individuals who are
separated due to erroneous enlistment based on pre-service use of
drugs. The Board thus concluded that there is no error or
injustice in your reenlistment code. Further, the Board, in its
review of your application, carefully weighed all potentially
mitigating factors, such as your youth, the character letters
accompanying your application, short period of service, and post
service accomplishments. Nevertheless, the Board concluded these
factors were not sufficient to warrant a change to the reason for
your discharge or removing the fact that you tested positive for
drug use from your official records. 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,
LoSenr
W. DEAN PF F
Executive D ceer
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