DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 26370-5100
TJIR :
Docket No: 10211-1090
23 June 2011
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 28 June 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.
Your record reflects that in December 2002 you signed pre-
enlistment documents in which you answered “NO” to questions
regarding a history of mental and medical health problems and the
use of illegal or prescription drugs. Subsequently, on 30 June
2003, you enlisted in the Navy at age 23 and immediately began a
period of active duty. The record reflects that you served
without disciplinary incident and were promoted to paygrade E-6.
In February 2009, during a separation evaluation, you answered
“YES” to questions regarding your history of mental health
probiems and drug abuse, which was contrary to your responses in
December 2002. In this regard, you stated that you had received
counselling, experienced depression or excessive worry, were
evaluated or treated for a mental condition, had attempted
suicide, and had used illegal drugs or abused prescription drugs.
On 2 February 2009 you were notified of administrative separation
by reason of defective and fraudulent enlistment due to your
failure to disclose pre-service drug abuse. You did not object
to the separation and subsequently waived your procedural rights
to consult with legal counsel and an administrative discharge
board. Subsequently, your commanding officer recommended an
honorable discharge by reason of fraudulent entry. On 4 February
2009 the discharge authority approved this recommendation and
directed your commanding officer to issue you an honorable
discharge by reason of fraudulent entry, and on 27 February 2009
you were so discharged and were assigned an RE-4 reenlistment
@ode.
‘The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your period of honorable service and desire to change your
reenlistment code tand the narrative reason for separation so that
you may reenlist in the armed forces. Nevertheless, the Board
concluded these factors were not sufficient to warrant a change
in your reenlistment code or narrative reason for separation
because of your failure to disclose your pre-service drug abuse
and mental health problems. 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.
The Board suggested that, if you wish, you may apply for a waiver
of your RE-4 reenlistment code with branches of the armed forces
ether than the Navy.
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,
re
Executive
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