DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 1284-08
8 April 2009
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 1 April 2009. 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 6 January 2003, you enlisted in the Navy at age 19. During
enlistment processing, you indicated that you were single and
had no dependents. After reporting to recruit training, you
disclosed that you were married and had a total of four
dependents. On 5 March 2003, your commanding officer initiated
an entry level separation by reason of fraudulent entry. In
connection with this processing, you acknowledged the
separation action and submitted a statement. On 6 March 2003,
the separation authority approved the recommendation and
directed an entry level separation by reason of fraudulent
entry. On 12 March 2003, you were so discharged and assigned
an RE-4 reenlistment code.
Regulations direct 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.
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,
Was
W. DEAN PFERF
Executive Dine xr
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