Docket No: 1370-20 
Ref: Signature Date 
 

 
Dear : 
 
This is in reference to your application of 20 November 2019 for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found that the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 27 February 2020.  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, relevant portions of your naval record, and applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty on 14 May 2018.  On 12 June 2018, you were counseled by your commanding officer because you tested positive for Adderall on 24 May 2018.  You admitted to knowingly using it without a prescription prior to shipping to Recruit Training Command.  Subsequently, on 2 July 2018, after being afforded all your procedural rights, you were administratively separated with an uncharacterized entry level separation for fraudulent entry and assigned a RE-4 (not recommended for reenlistment) reentry code. 
 
The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that you were unjustly tested a second time for drugs upon entry.  Specifically, you contend that you were “tested for drugs when I enlisted and passed the drug test” but you were given “another more in-depth one and failed it.”  You contend that the second test should not count because you had “passed the first one to get in.”  The Board determined that there was insufficient evidence of an error or injustice in your assignment of a RE-4 reentry code at discharge to warrant changing your reentry code to a RE-3. 
 
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 the submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or 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.