DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
WMP
Docket No:
11 December 2002
5331-t
32
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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 11 December 2002.
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.
Your allegations of error and
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Navy on 15 September
2001 at age 23.
truth" at recruit training,
undisclosed civil involvement including five separate traffic
related tickets, which resulted in four misdemeanor convictions
for failure to appear in court.
On 18 September 2001, during the "moment of
you admitted to pre-service
On 21 September 2001 you were notified that separation action
was being initiated by reason of defective enlistment and
induction due to fraudulent entry.
You were advised of and
waived all of your procedural rights with the exception of
obtaining copies of documents that supported the basis for
separation.
entry level separation by reason of fraudulent entry.
time, you were assigned an RE-4 reenlistment code.
On 2 October 2001 you received an uncharacterized
At that
Regulations require the assignment of an RE-4 reenlistment code
to an individual separated by reason of fraudulent entry.
Therefore, the RE-4 reenlistment code was properly assigned
since you were appropriately separated due to your admission of
pre-service undisclosed civil involvement.
application has been denied.
of the panel will be furnished upon request.
The names and votes of the members
Accordingly, your
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board.
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.
You are entitled to have
In this regard,
Sincerely,
W. DEAN PFEIFFER
Executive Director
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