DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 09690-07
21 November 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 19 November 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy and began a period of active duty on
5 June 2007 at age 19. On 7 June 2007, a recruit evaluation
report found that you had a borderline personality disorder that
existed prior to you enlisting in the Navy. It was further
determined that you failed to disclose this information during
your recruiting process. As a result of your failure to disclose
this information, your commanding officer (CO) initiated
administrative discharge action by reason of fraudulent entry as
evidenced by your concealment or your preservice attendance at
anger management group sessions. Subsequently, your CO directed
that you be discharged due to fraudulent enlistment with an entry
level separation. You were so discharged on 26 June 2007. At
that time you were assigned an RE-4 reenlistment code.
The Board noted that applicable regulations require the
assignment of an RH 4 reenlistment code to Sailors who are
separated due to fyaudulent enlistment. The Board thus concluded
that there is no eyror or injustice in your reenlistment code.
Accordingly, your application has been denied. The names and
votes of the membeus 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 itjs decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it jis important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when japplying 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. oa PFEAYF
Executive Di
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