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

Docket No: 4307-19 
Ref: Signature date 

This letter 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 

Your application was filed in a timely manner and the Board found it in the interest of justice to consider your application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 25 November 2019.  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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies.
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel would not materially add to its understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

You enlisted in the Navy and began a period of active duty on 15 October 2016.  Previously, on 3 February 2016, as part of your enlistment documents, you signed the US Navy statement of understanding on drug and alcohol abuse.  Within less than one year of active duty service, on 31 August 2017, you admitted to a supervisor that you used Psilocybin mushrooms.  Subsequently, administrative action was initiated to separate you from the naval service with a general (under honorable conditions) (GEN) characterization of service by reason of misconduct due to drug abuse.  The Consolidated Adjudication Facility subsequently revoked your eligibility for access to classified information and assignment to duties that have been designated national security sensitive.  On 15 February 2018, the separation authority approved your administrative separation with a GEN discharge and a RE-4 reentry code.  On 6 March 2018, you were so discharged. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your reentry code and your assertions that you were reprimanded for the full extent of your misconduct.  The Board also noted your assertion that you do not believe that receiving an RE-4code was justified, as you made one mistake, reviewed your actions and took full responsibility.  The Board also considered your assertions that your discharge humbled you and created a tremendous amount of embarrassment for your command and fellow candidates. However, the Board concluded that these factors and assertions were insufficient to warrant a change to your reentry code given your misconduct of wrongful drug abuse, which resulted in your loss of security clearance eligibility and your administrative discharge. 

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.