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NAVY | BCNR | CY2007 | 06441-07
Original file (06441-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
WASHINGTON DC 20370-5100

                                    TRG
Docket No:06441-07
31 October 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 23 October 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.
Prior to enlistment you answered “no” to all the questions in the marital, dependency status and family date section of the preenlistment documents. On 8 November 2004, you enlisted in the Delayed Entry Program. Prior to reporting to active duty, you recertified that all of the information previously disclosed was correct. You reported to active duty on 21 June 2005.
Subsequently, it was discovered that you had failed to disclose that your 14 year old girlfriend was pregnant. On 10 August 2005, you were notified of separation processing by reason of fraudulent enlistment. At that time, you waived all of your procedural rights, but requested that your case be reviewed by the general court-martial convening authority. On 16 August 2005, your commanding officer recommended separation by reason of fraudulent enlistment because of your failure to disclose the pregnancy of your girlfriend. After review, the separation authority directed an entry level separation by reason of fraudulent enlistment and you were so separated on 26 August 2005. At that time, you were not recommended for reenlistment and were assigned an RE-4 reenlistment code.
          You have provided documentation to show that you are now married
 to your girlfriend. You desire a change in the reenlistment
code so that you can reenlist in the military. However, regulations require the assignment of an RE-4 reenlistment code when an individual is separated by reason of fraudulent enlistment. Since you have been treated no differently than others in your situation, 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.
The Board can only review reasons for separation if the separation is over 15 years old or on appeal from a decision of the Naval Discharge Review Board (NDRB). You may request a change in the reason for your separation, by submitting the enclosed application, DD Form 293, to the NDRB.
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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