DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490 TAL
Docket No: 812-14
3 February 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
28 January 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
28 January 2002. On 11 June 2002, during a security clearance
background interview you disclosed pre-service drug use of
marijuana and crystal methamphetamine. You stated you were
hospitalized, near death, after a bad reaction to crystal
methamphetamine, and participated in a 30 day outpatient
rehabilitation program.
Subsequently, you were notified of pending administrative
separation by reason of fraudulent entry. Your commanding
officer directed your separation. On 18 July 2002 you were
discharged with an entry level separation by reason of fraudulent
entry. At that time, you were assigned a reenlistment code of
RE-4.
The Board in its review of your entire record and application
carefully weighed all‘ potentially mitigating factors, such as
your desire to upgrade your 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. The Board {hus concluded that there is no error or
injustice in your reenlistment code. 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,
ROBERT J. O'NEILL
Executive Director
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