DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 6941-10
12 July 2010
Dear Saas.
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 8 July 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Navy Reserve on 24
August 2009. Shortly thereafter, your commander was notified
that the urine specimen you had submitted tested positive for the
presence of THC, a component of marijuana. On 4 September 2009
your commanding officer directed your separation. On 14
September 2009 you received an entry level separation by reason
of erroneous entry/drug abuse 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 use of drugs. The Board concluded 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. 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,
W. os PFE
Executive Di
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