DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 1358-11
4 November 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 2 November 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 enlisted in the Navy and began a period of active duty on
28 Aprii 2008 at age 20. You participated in an accession
urinalysis which tested positive for Marijuana use. Based on the
information currently contained in your record it appears that
you were subsequently involuntarily processed for an entry level
separation by reason of erroneous entry {drug abuse). In
connection with this processing, you would have acknowledged the
separation action and the separation authority would have
approved a recommendation for separation. The record clearly
shows that on 15 May 2008, you were discharged with an entry
level separation by reason of erroneous entry (drug abuse). At
that time you were assigned an RE-4 reentry code, which means
that you were neither recommended nor eligible for reenlistment.
The Board in its review of your entire record and application
carefully weighed all potential mitigation, such as your youth
and overall record of service. Nevertheless, the Board concluded
that these factors were not sufficient to warrant changing your
reentry code given the seriousness of your misconduct .
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. 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. EN PFE
Executive D
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