DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 1222-08
24 September 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 24 September 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.
On 5 March 2002, you enlisted in the Navy at age 23 and served
without incident. On 23 October 2003, your command was notified
that your security clearance was being denied due to your failure
to disclose information regarding your pre-service debt and
criminal record. On 20 February 2004, your commanding officer
initiated administrative separation by reason of fraudulent
entry, and recommended an honorable discharge. In connection
with this processing, you acknowledged the separation action and
Submitted a statement. On 20 April 2004, the separation
authority approved the discharge recommendation and directed an
honorable discharge by reason of fraudulent entry. On
13 May 2004, you were so discharged and assigned an RE-4
reenlistment code.
Regulations direct the assignment of an RE-4 reenlistment .code to
members who are discharged due to fraudulent entry. 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 noted that although the Navy may not consider waiving
the RE-4 reenlistment code, other branches of the armed forces,
such as the Army National Guard, may consider such a waiver.
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,
Executive Di
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