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NAVY | BCNR | CY2007 | 04735-07
Original file (04735-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5 100

CRS
                                                                                 Docket No: 4735-07
                                                                                 6 July 2007




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 20 June 2007. 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 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 26 July 2006. A psychiatric evaluation conducted on 7 April 2006 diagnosed you as having a personality disorder and alcohol abuse. The evaluation found that you posed a risk to yourself and others if retained. On 8 September 2006 you received an entry level separation by reason of erroneous enlistment and were assigned a reentry code of
RE-4.
An RE-4 reentry code is authorized by regulatory guidance and is often assigned to Sailors separated by reason of erroneous enlistment, especially if they pose a risk to themselves and others. The Board concluded that your reentry code is not erroneous or unjust. The Board also considered your assertion that you lied about your alcohol abuse and personality disorder in order to be discharged, but could not determine if you were lying then or lying now. Furthermore, the law is very clear that an individual who procures a discharge by fraud should not benefit from the fraud when it is discovered. 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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