DEPARY MONT OF THE RAVY
BOARD FOR CORRECTION OF NAVAL. RECORDS ~
2 NAVY ANNEX
WASHINGTON DC 20370-5106 .
CRS
Docket No: 7286-09
5 October 2009
This is in reference to your application for correction of your
navai 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 23 September 2009. Your allegations of error and
imjustice 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
25 September to 24 October 2008, when you received an entry level
separation by reason of erroneous entry due to pre-service use of
marijuana, and were assigned a reentry code of RE-4.
Applicable regulations require the assignment of an RE-4 reentry
code to individuals who are separated by reason of erroneous
entry based on 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. The Board also considered your
assertion that you lied about your drug abuse in order to be
discharged, but could not determine if you lied to procure a
discharge or are lying now. In this regard, the law is very clear
that an individual who procures a discharge by fraud should not
benefit from the fraud when it is discovered. Accordingly, your
application has been denied, The names and votes of the members
of the panei 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,
Woes
W. DEAN PFET
Executive Dirac
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