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NAVY | BCNR | CY2007 | 05275-07
Original file (05275-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
WASHINGTON DC 20370-5100



                           TRG
         Docket No:5275-07
                                                                         9 April 2008







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 8 April 2008. 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.
You enlisted in the Navy on 26 January 1998 at age 18. You successfully completed initial training and reported to your first duty station. On 17 June 1998 you were diagnosed with Attention Deficit Hyperactivity Disorder. It was noted that without medication you would become extremely impulsive, demonstrate violent behavior and be unmanageable. The doctor noted that you had concealed your condition and had fraudulently enlisted in the Navy.
On 11 June 1998 you were notified of processing for an administrative separation by reason of fraudulent enlistment. At that time, you elected to waive your procedural rights. After review, the separation authority directed an entry level separation and you were so separated on 30 July 1998. At that time, you were not recommended for reenlistment and were assigned an RE-4 reenlistment code.



In your application, you are requesting that the reenlistment code be changed so that you can enlist in the Army. However, the Board believed that if you provided the Army recruiter with the medical history that resulted in your separation from the Navy you would not be enlisted. Regulations require the assignment of an RE-4 reenlistment code when an individual is separated because
 of a fraudulent enlistment. Since you have been treated no differently than others separated for that reason, the Board could not find an error or injustice in the assignment of the RE-4 reenlistment code.
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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