DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 00544-10
30 September 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 29 September 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
8 December 2009, at age 20. On 15 December 2009, your drug test
results were returned with a positive match of oxymorphone use.
You completed your physical at the Military Entrance Processing
Station (MEPS) and claimed that you had never experimented with
any drugs. However, you failed to disclose this important
information during your enlistment physical. It was determined
that your lack of properly disclosing information warranted
assigning a reenlistment code of RE-4 for erroneous entry into
the military. On 29 December 2009, you were discharged with an
uncharacterized entry level separation from active duty due to
drug abuse.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your overall record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant a change in the reenlistment code,
which was based on your erroneous entry. In this regard, an RE-4
reenlistment code is appropriately assigned when an individual is
discharged for erroneous entry and is not recommended for
retention. 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,
Lo ue
W. DEAN PFE
Executive D sor
bN
NAVY | BCNR | CY2010 | 00463-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 September 2010. On 22 December 2009, you were discharged with an entry level separation from active duty due to erroneous entry. 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.
NAVY | BCNR | CY2009 | 13351-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 September 2010. However, you failed to disclose this important information during your enlistment physical. 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.
NAVY | BCNR | CY2009 | 13307-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 September 2010. On 22 March 1994, you were notified of pending administrative separation action by reason of defective enlistment and erroneous enlistment due to the diagnosed instability of your right shoulder which was not disclosed prior to your entry into the Navy. Based on the medical evaluation, you were processed for separation by reason of failed...
NAVY | BCNR | CY2009 | 13161-09
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. 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. Consequently, when applying for a correction of an official naval record, the burden is...
NAVY | BCNR | CY2010 | 00840-10
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. You were so discharged and assigned an RE-4 reenlistment code on 13 October 2009. 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.
NAVY | BCNR | CY2010 | 10211-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 June 2011. 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 | CY2010 | 00510-10
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 | CY2008 | 11815-08
BR three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 October 2009. Nevertheless, the Board found that these factors were not sufficient to warrant a change in the reasons for your discharge or reenlistment code since you were discharged by reason of fraudulent enlistment for failure to disclose all of your pre-service drug use. Consequently, when applying for a correction of an official naval record, the burden...
NAVY | BCNR | CY2011 | 00444-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 October 2011. This condition existed prior to your enlistment. 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.
NAVY | BCNR | CY2009 | 08841-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 June 2010. On 1 February 1999, administrative discharge action was initiated to separate you by reason of uncharacterized (void) enlistment due to erroneous entry (drug use). 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.