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NAVY | BCNR | CY2005 | 07974-05
Original file (07974-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
                   WASHINGTON DC 20370-5 00


                                                      SJN
                                                      Docket No: 07974-05
                                                                                           3 March 2006




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 1 March 2006. 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, your naval record, and applicable statutes, regulations, and policies.
After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice.
You enlisted in the Navy on 11 August 2004 at age 20. During the moment of truth at recruit training, you revealed pre-service involvement with law enforcement authorities. After further review, it was discovered that prior to enlistment you failed to disclose your extensive history of citations and arrests that occurred prior to your entry on active duty.
On 18 November 2004 separation action was initiated by reason of defective enlistment due to fraudulent entry. After you were advised of your rights, you and elected to consult with counsel and submitted a statement to the effect that some of the charges had been dismissed, and you informed the recruiter of this fact.
On 16 January 2002 the commanding officer directed discharge with an uncharacterized entry-level separation due to a fraudulent enlistment. You were so discharged on 8 December 2004. At that time, you were assigned a RE-4 reenlistment code.


Due to pre-service history of civilian misconduct that you failed to disclose upon enlistment, the Board concluded that there is no error or injustice in your reason for separation. Furthermore, applicable regulations require the assignment of an RE-4 reenlistment code to individuals who are separated due to fraudulent enlistment. Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.
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 submission of new and material evidence or other matter not previously 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,


         W. DEAN PFEIFFER
 Executive Director

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