DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7001S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 4134-14
7 May 2015
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 panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
22 April 2015. 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, 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
31 July 2007. On 8 August 2007, you were the subject of a mental
health evaluation after experiencing anxiety attacks; you stated
in part that you had shortness of breath, heart pounding,
dizziness and poor concentration. Further you reported using
cocaine, marijuana, mushrooms and ecstasy prior to your
enlistment and did not disclose this information to your
recruiter. You were diagnosed with anxiety disorder and drug
abuse that existed prior to your enlistment.
Subsequently, you were notified of pending administrative
separation by reason of fraudulent entry due to drug abuse. Your
commanding officer directed your separation. On 31 August 2007,
you were discharged with an entry level separation by reason of
fraudulent entry due to drug abuse. At that time, you were
assigned a reenlistment code of RE-4.
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The Board in its review of your entire record and application
carefully weighed all potentially mitigating factors, such as
your character letters and desire to change your narrative reason
for separation and reentry code. Nevertheless, the Board
concluded these factors were not sufficient to warrant relief in
your case because of the seriousness of 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. Accordingly,
your application has been denied.
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 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. 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,
OBERT J. O'NEILL
Executive Director
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