BEPARTMENT OF THE. ES
BGARD FOR CORRICTION OF NAVAL RECORDS
YOr SS. COUR IHUUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SON
Docket No: 2932-14
31 October 2014
Dear Sy
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,
Although your application was not filed in a timely manner, the
Board found it in the interest of justice to waive the statute of
limitations and consider your application on its merits. A
three-member panei of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
28 October 2014, 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 applicabie to the proceedings of this
oard. Documentary material considered by the Board consisted of
your application, together with 211 matexiai submitced in suppost
thereof, your naval record, and appiicable statutes, regulations,
and policies. °
After careful and comscientious 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
17 November 1994. Based on the information currently contained
in your record, your accession urinalysis tested positive for
marijuana. Subsequently, administrative separation was initiated
and after being afforded your procedural rights, you were
discharged on 16 December 1994 with an entry level separation by
reason of erroneous entry due to drug abuse. At that time you
were assigned an RE-4 (not recommended for reenlistment) reentry
code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your short period of
service and reason for your discharge. Nevertheless, the Board
found that these factors were not sufficient to warrant changing
your entry level separation or your reentry code given your
apparent erroneous entry. In this regard, individuals separated
within the first 180 days of service are discharged without a
characterization of service and you were assigned the appropriate
reentry code based on your circumstances.
It is regretted that the circumstances of your case are such that
favorabie 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 ali official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probabie material error or injustice.
Sincerely
ROBERT J, O'NEILL
Fxeecutive Director
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