DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX .
WASHINGTON DC 26370-5100
TAL
Docket No: 8841-09
11 June 2010
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 9 June 2010. 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
19 January 1999 at age 23, You were the subject of a substance
use evaluation and diagnosed as alcohol and drug dependent,
conditions that existed prior to enlistment. It was found that
you did fail to disclose your pre-service drug use during che
enlistment process. On 1 February 1999, administrative discharge
action was initiated to separate you by reason of uncharacterized
(void) enlistment due to erroneous entry (drug use). Your
commanding officer directed your separation. Subsequently, on
1 February 1999 you were separated and at that time assigned an
RE-4 reenlistment code.
The Board in its review of your application carefully weighed all
potential mitigating factors, such ag your youth, and overall
record of service. Nevertheless, the Board concluded that these
factors were not sufficient to warrant recharacterization of your
discharge given the seriousness of your misconduct. Finally, an
RE-4 reenlistment code must be assigned to all Sailors discharged
due to drug abuse. 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,
W. DEAN PFE
Fxecutive D
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