DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 616-16 
JAN 03 2017 

Dear : 

This is in reference to your application for correction of your naval record pursuant to the 
provisions ofTitle 10 ofthe 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 oflimitations and consider your application on its merits. Athree
member panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 21 September 2016. 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 ofthis 
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 ofthe entire record, the Board found the evidence 
submitted was insufficient to establish the existence ofprobable material error or injustice. 

You enlisted in the Navy and began a period of active duty on 13 January 2009. You were 
required to participate in an accession urinalysis and tested positive for the wrongful use of a 
controlled substance. Although the Board lacked your entire service record book (SRB) it 
appears from the SRB entries before the Board that subsequently, you were notified ofpending 
administrative separation by reason oferroneous entry due to drug abuse. The record shows on 
29 January 2009, you were discharge with an entry-level separation by reason of erroneous entry. 
At that time you were assigned an RE-4 reenlistment code, which means that you are neither 
recommended nor eligible for reenlistment. 

The Board in its review ofyour entire record and application carefully weighed all potentially 
mitigating factors, such as your contention that what you tested positive for was so low and it's 
legal in your state. The Board concluded these factors were not sufficient to warrant relief in 
your case because ofthe seriousness ofyour misconduct that resulted in wrongful drug use in 
light ofthe Navy's policy of"zero tolerance." Further, when an individual is separated by reason 
oferroneous entry during the first 180 days ofactive duty, the individual will receive an 
uncharacterized entry level separation and must receive an RE-4 reenlistment code. In regard to 
your contention, prior to your enlistment into the Navy you agreed by signature that the Navy 
drug policy had been explained to you and you understood that drug abuse by members ofthe 
Navy is against the law, drug abuse in general violates Navy standards ofbehavior and duty 
performance and will not be tolerated. Accordingly, your application has been denied. 

It is regretted that the circumstances ofyour case are such that favorable action cannot be taken. 
You are entitled to have the Board reconsider its decision upon submission ofnew and material 
evidence within one year from the date ofthe 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 ofregularity 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 ofprobable material error or injustice. 

Sincerely, 


Executive Director