Dear : 
 
This is in reference to your application 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.   
 
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, sitting in executive session, considered your application on 20 November 2020.  The names and votes of the panel members 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, relevant portions of your naval record, and applicable statutes, regulations, and policies. 
 
You enlisted in the Navy on 10 May 1999.  On your pre-enlistment medical paperwork and physical in January 1998, you noted no psychiatric or neurologic conditions or symptoms.  On 23 March 1999 you completed a pre-service Navy Alcohol and Drug Screening Certificate where you expressly denied ever using narcotics, hallucinogens, psychedelic drugs, stimulants, depressants, and marijuana.  You recertified this information as still being true on 10 May 1999.
    
However, while at initial recruit training, you underwent a substance use evaluation on 19 May 1999 at the Recruit Evaluation Unit (REU).  During your evaluation you admitted either regularly or periodically using alcohol, marijuana, cocaine, LSD, heroin, mushrooms, and/or peyote within the last eighteen months.  The REU Medical Officer diagnosed you with:  (a) alcohol dependence existing prior to entry (EPTE), (b) hallucinogen dependence EPTE, (c) cannabis abuse (EPTE), and (d) nicotine dependence EPTE, all with physiological dependence.  The REU Medical Officer determined you were alcohol and drug dependent. 
 
On 21 May 1999, administrative discharge action was initiated by reason of defective enlistment and induction due to erroneous enlistment.  The factual basis for the erroneous enlistment was your medical evaluation of both alcohol and hallucinogen dependence.  You waived your rights to consult with counsel, submit a written rebuttal statement for consideration by the separation authority, and your right to General Court-Martial Convening Authority review of your discharge.  Ultimately, on 28 May 1999 you were discharged from the Navy with an uncharacterized entry level separation, and assigned a separation code of “JFU” and an “RE-4” reentry code.  The “JFU” separation code corresponds to the narrative reason for separation of “erroneous entry - drug abuse,” and is the appropriate designation in erroneous enlistment cases involving a pre-existing drug dependency such as yours that would be disqualifying for active duty service.  In this regard, you were assigned the correct reentry code, characterization, separation code, and narrative reason for separation based on your factual situation as you were still within your first 180 days of continuous military service and had not yet completed initial recruit training.   
 
The Board carefully weighed all potentially mitigating factors, such as your contentions that you never failed a drug test, there was no medical evidence you were going through withdrawal, and you have been a pillar in the community working in law enforcement.  However, the Board concluded these mitigating factors and contentions were not sufficient to warrant changing your reentry code, narrative reason for separation, or granting any other relief.   
 
The Board determined that you had a legal, moral, and ethical obligation to remain truthful on your enlistment paperwork.  Had you properly and fully disclosed your entire pre-service drug and alcohol abuse history, you would have been disqualified from enlisting.  Additionally, absent a material error or injustice, the Board generally will not summarily upgrade a discharge or change a reentry code solely for the purpose of facilitating benefits from the Department of Veterans Affairs, or enhancing educational or employment opportunities.  Accordingly, the Board concluded that you received the correct reentry code, characterization, separation code, and narrative reason for separation based on the totality of your circumstances, and that such action was in accordance with all Department of the Navy directives and policy at the time of your discharge.   
 
You are entitled to have the Board reconsider its decision upon 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. 
 
Sincerely,