DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 12864-09
1 October 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 21 September 2010. The names and votes of the
members of the panel will be furnished upon request.
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.
Your record reflects that on 2 April 1990 you signed pre-
enlistment documents in which you stated “NO” to drug and alcohol
abuse questions. You also enlisted in the Navy on 2 April 1990
at age 21 and began a period of active duty on 23 July 1990. You
served without disciplinary infraction, however, on 30 July 1990,
a drug and alcohol report stated, in part, that your urine sample
tested position for cocaine. AS a result, you were recommended
for an administrative separation.
Subsequently, you were notified of administrative separation by
reason of defective and fraudulent enlistment due to your
positive drug screening. After waiving your procedural rights to
consult with legal counsel and not objecting to the separation,
the discharge authority directed your commanding officer to issue
you an uncharacterized entry level separation by reason of
fraudulent entry due to drug abuse, and on 15 August 1990, you
were go discharged and were assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to change your narrative reason for
separation and presumably your reenlistment code so that you may
presume a career in the reserves. Nevertheless, the Board
concluded these factors were not sufficient to warrant a change
in your narrative reason for separation or reenlistment code
because of your failure to disclose your pre-service drug abuse
as evidenced by your positive urinalysis for cocaine. The Board
concluded that your positive urinalysis was sufficient to support
fraudulent entry and the assignment of an RE-4 reenlistment code,
both of which are authorized by regulatory guidance.
Accordingly, your application has been denied.
The Board suggested that, if you wish, you may apply for a waiver
of your RE-4 reenlistment code with branches of the armed forces
other than the Navy.
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,
\o 71
4A
W. DEAN F
Executive D or
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