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NAVY | BCNR | CY2006 | 08425-06
Original file (08425-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5 00

                            JRE
                            Docket No. 08425-06
                           23 October 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 19 October 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, to include the statement of an Army recruiter, your naval record and applicable statutes, regulations and policies .
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. In this regard, the Board noted that you procured your enlistment fraudulently by failing to disclose to enlistment medical authorities your history of psychiatric treatment, use of an antidepressant medication, and long history of a persistent depressed mood, disturbed appetite and sleep, lowself-esteem, poor concentration, irritability, and feelings of helplessness. The Board concluded that you were properly discharged and assigned a reentry code of RE-4, notwithstanding the alleged participation of your recruiter in your fraudulent entry, nor have you demonstrated that it would be in the interest of justice for it to assign you a more favorable code.

In view of the foregoing, 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 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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