DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 13161-09
17 September 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 14 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 in January 2006 you signed pre-
enlistment documents in which you stated “NO” to drug and alcohol
abuse questions, and that you were fully aware and understood the
Navy’s “Zero Tolerance Policy.” On 27 January 2006 you enlisted
in the Navy at age 17 and began a period of active duty on 14
July 2006, at which time you reaffirmed the pre-enlistment
document statements.
You served for nearly three years without disciplinary
infraction, however, on 11 November 2008, you were counselled
regarding unauthorized use of government computers as evidenced
by your viewing and downloading pornography. About six months
later, on 27 May 2009, you stated, during a medical history
examination, that you had used illegal drugs or abused
prescription drugs prior to enlisting in the Navy. Following a
review of your medical history report, it was determined that
4
your “affirmative” response regarding drug and alcohol abuse was
contrary to the response you gave on your pre-enlistment
documents.
It appears that you were subsequently notified of administrative
separation action by reason of fraudulent enlistment due to your
failure to disclose your pre-service drug and alcohol abuse
involvement. After waiving your procedural rights to consult
with legal counsel and an administrative discharge board, your
commanding officer recommended an other than honorable discharge
by reason of fraudulent entry due to drug abuse. Prior to your
separation, you received a performance evaluation which stated in
part, that you had been to a disciplinary review board on two
occasions, amassed 11 counselling chits, did not maintain
Standards in basic hygiene, were quick to provide excuses for
your behavior, and were not recommended for retention or
reenlistment. On 28 May 2009 the discharge authority approved
this recommendation and directed your commanding officer to issue
you an other than honorable discharge by reason of fraudulent
entry, and on 12 June 2009, you were so 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, desire to upgrade your discharge, change your
reenlistment code, and the narrative reason for separation. It
also considered your assertion that a recruiter failed to submit
a drug waiver prior to your enlistment. Nevertheless, the Board
concluded these factors were not sufficient to warrant relief
because of your failure to disclose your pre-service drug and
alcohol abuse. The Board concluded that your failure to disclose
this information was sufficient to support the assignment of an
RE-4 reenlistment code, which is authorized by regulatory
guidance. Accordingly, your application has been denied.
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,
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