See ee ee OBE
BD EFPARTMENT Or Tre AAO
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5. COURTHOUSE ROAD, SUITE 1001
: ARLINGTON, VA 22204-2490
TAL
Docket No: 3278-14
6 November 2014
Dear Ca
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. The application was filed in a timely
manner.
BR three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 29 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 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, reguiations, and policies.
Biter 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. Co poste. -
You enlistea in the Navy and began a period of active duty on
9 October 2013. You tested positive for pre-service use of
marijuana.
Subsequently, you were notified of pending administrative
separation due to fraudulent entry. Your commanding officer
recommended an entry-level discharge by reason of fraudulent
entry (drug abuse). The discharge authority approved this
recommendation and ‘directed an entry level separation by reason
of fraudulent entry (drug abuse). On 12 November 2013 you were
so @ischarged and assigned an RE-37 reenlistment code.
The Board, in its review of your entire record and application,
earefully weighed all potentially mitigating factors, such as
your desire to serve your country. ‘Nevertheléss, the Board
concluded’ this factor was not sufficient to warrant a change in
the reenlistment code given the seriousness of your misconduct.
additionally, an RE-3d reenlistment code may not prohibit
reenlistment, but requires that a waiver be obtained from
recruiting personnel who are responsible for determining whether
you meet the requirements for reenlistment. Accordingly, your
application has been denied.
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 within one year From the date of the Board’s decision.
‘New evidence is evidence not previously considered by the Board
prior to making its decision in your case. im 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,
ROBERT J. O/ NEILL
Feecutive Director
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