Search Decisions

Decision Text

NAVY | BCNR | CY2009 | 10829-09
Original file (10829-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
REC

WASHINGTON DC 20370-5100 Docket No: 10829-09
23 July 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.

AR three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 21 July 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 3
June 1992, at age 20. On 12 June 1992, you were iznformed that
you were being discharged for Fraudulent entry. On 18 June 1992,
your commanding officer recommended that you be separated by
reason of fraudulent entry due to your failure of the entry level
urinalysis drug test, which you tested positive for wrongful use
of cannabis. On 18 June 1992, you were discharged from active

duty with an entry level separation and were assigned an RE-4
reenlistment code.

The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your overall record
of service, and youth. Nevertheless, the Board concluded these
factors were not sufficient to warrant a change in the
characterization of service or reenlistment code. In this
regard, an RE-4 reenlistment code is required when an individual
is discharged with an entry level separation and less than 180
days of service. 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,

Loon

W. DEAN R
Executive ecthor

Similar Decisions

  • NAVY | BCNR | CY2009 | 10646-09

    Original file (10646-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 July 2010. 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. In connection with this processing, you would have acknowledged the separation action and the discharge authority would have approved a...

  • NAVY | BCNR | CY2010 | 00510-10

    Original file (00510-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 September 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...

  • NAVY | BCNR | CY2010 | 00459-10

    Original file (00459-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 September 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the .

  • NAVY | BCNR | CY2009 | 03691-09

    Original file (03691-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 January 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2009 | 04896-09

    Original file (04896-09.pdf) Auto-classification: Denied

    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. As a result of your failure to disclose this information, your commanding officer (CO) initiated administrative discharge action by reason of misconduct due to fraudulent entry. On 25 June 1993, the discharge authority directed that you be discharged by reason of fraudulent enlistment with...

  • NAVY | BCNR | CY2009 | 12864-09

    Original file (12864-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 September 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...

  • NAVY | BCNR | CY2007 | 04620-07

    Original file (04620-07.rtf) Auto-classification: Denied

    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 on 7 February 2007 at age 21. As a result, you were processed for an...

  • NAVY | BCNR | CY2007 | 10919-07

    Original file (10919-07.rtf) Auto-classification: Denied

    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.You enlisted in the Navy on 18 April 2006 at age 18. You have also provided a current psychiatric...

  • NAVY | BCNR | CY2001 | 00069-01

    Original file (00069-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 June 2001. Regulations allow for the assignment of an RE-3J reenlistment code when an individual in an entry level status tests positive for marijuana use, served less than 30 days in the DEP, confessed to the use of marijuana during the moment of truth, and was processed for separation by reason of fraudulent enlistment. Consequently, when applying for a...

  • NAVY | BCNR | CY2009 | 05669-09

    Original file (05669-09.pdf) Auto-classification: Denied

    + : A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 February 2010. In this regard, an RE-4 reenlistment code is required when an individual is discharged for fraudulent entry and is not recommended for retention. 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.