DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
. 2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 5463-10
4 June 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 3 June 29010. 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you served on active duty in the Navy from
14 September to 14 October 1993, when you received an entry level
separation by reason of erroneous entry due to pre-service use of
cocaine, and were assigned a reentry code of RE-4.
Applicable regulations require the assignment of an RE-4 reentry
code to individuals who are separated due to erroneous entry
based on pre-service abuse of illegal drugs. The Board concluded
that there is no error or injustice in your reentry code, and
that you have not demonstrated that it would be in the interest
of justice for the Board to assign a more favorable code as an
exception to policy. Further, there is no rule or regulation
rhat automatically upgrades a reentry code after a period of
time. Accordingly, your application has been denied. The names
and votes of the members of the panel will be furnished upon
request.
Tt 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 reguiarity 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,
Executive Dire
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