DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 03505-10
28 February 2011
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 23 February 2011. 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.
You enlisted in the Navy and began a period of active duty on
9 March 2007. The Board found that the record reflects your
accession urinalysis tested positive for marijuana. On
17 September 2007, your commanding officer directed your
separation. Subsequently, on 21 September 2007 you were
discharged with an entry level separation by reason of erroneous
enlistment due to drug abuse. At that time, you were assigned a
RE-4 reentry code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post-service accomplishments, character letters,
desire to change your RE-4 reentry code, letter from the Military
Defender and contention of recruiter wrongdoing. Nevertheless,
the Board concluded these factors were not sufficient to warrant
a change of your RE-4 reentry code given your drug use. In this
regard, you were assigned the appropriate reentry code based on
your circumstances. With regard to your contention, the record
shows that you signed an Administrative Remarks (NAVPERS
1070/613) dated 29 August 2007, stating that you had completed
the Navy’s “Zero Tolerance for Drug Screening” training modules
and successfully passed the 24 hour pre-accession drug testing.
Subsequently, you were held accountable for your drug use and
appropriate action was taken against the recruiters involved.
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 regatd, it is important to keep in mind that a
presumption of regularit’y 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,
Fxecutive lo
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