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NAVY | BCNR | CY2012 | 04045-12
Original file (04045-12.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

REC
Docket No: 04045-12
28 February 2013

 

 

 

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 February 2013. 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
ef 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 on 13 July 1984, at age 19. On your
in-processing paperwork, you failed to disclose vital
information concerning your pre-service drug use of hashish,
cocaine, and amphetamines, and inhaling paint fumes and,
fluorocarbons, and sniffing glue. It was determined that your
lack of properly disclosing this information warranted
administrative separation for fraudulent entry. On 5 January
1987, you were discharged with a general characterization of
service due to fraudulent entry and assigned an RE-4 (not
recommended for retention) reenlistment code.

 

The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth.
Nevertheless, the Board concluded these factors were not
sufficient to warrant changing the characterization of service
based on your failure to disclose your prior-service misconduct
of drug abuse. In this regard, an RE-4 reenlistment code is
required when an individual is GQischarged for fraudulent entry
and is not recommended for retention. 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,
as Sey
Executive z

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