DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100. Ops
Docket No: 6010-09
10 August 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 29 July 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 that the evidence ‘submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you served on active duty in the Navy from
21 to 30 November 1995, when you received an entry level
separation by reason of erroneous entry due to pre-service use of
LSD, cocaine, and marijuana. You were assigned a reentry code of
RE-4 as required by applicable directives in the case of service
members who aré discharged by reason of erroneous entry due to
their pre-service abuse of illegal drugs. The Board concluded
that there is no error or injustice in your reentry code, and
that you have not demonstrated that it would be in the interest
of justice for the Board to assign a more favorable code as an
exception to policy. 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,
'g DEAN DRE F OS
Executive Dire
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