DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TAL
WASHINGTON DG 20370-5100 Docket No: 11919-10
3 August 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 27 July 2011. 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 reenlisted in the Navy on 2 July 1987 after more than five
years of prior honorable service. On 6 July 1987, you
participated in an accession urinalysis which tested positive for
marijuana use. On 22 October 1987, administrative discharge
action wag initiated to separate you by reason of fraudulent
entry. On 23 October 1987, your commanding officer directed your
separation. Subsequently, on 28 October 1987 you were discharged
with an entry level separation by reason of fraudulent entry. At
that time, you were assigned a reenlistment code of RE-4.
The Board in its review of your entire record and application
carefully weighed all potential mitigation, such as your youth
and prior honorable service. Nevertheless, the Board concluded
that these factors were not sufficient to warrant changing the
narrative reason for separation or reenlistment code due to your
failure to reveal prior drug use. Applicable regulations require
the assignment of an RE-4 reenlistment code to individuals who
are separated due to fraudulent entry based on pre-service use of
drugs. The Board thus concluded that there is no error or
injustice in your reenlistment code. 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,
TNs :
ยป Seles,
Executive tor
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