DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 5709-08
18 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 4 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Navy on 1 August 2006.
On 8 November 2006 your commanding officer recommended that you
be separated by reason of fraudulent entry based on your
concealment of a disqualifying mental disorder and treatment
therefor. You were discharged by reason of fraudulent entry on
21 November 2006, and assigned a reentry code of RE-4.
The Board noted that a reentry code of RE-4 is required to be
assigned to service members separated by reason of 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 your reentry code. The subjective improvement
in the disorder which occurred after you were discharged does not
alter the nature of your fraudulent enlistment, or provide a
basis for changing your reentry code, which was properly
assigned. In addition, the Board was not persuaded that it would
be in the interest of justice to assign you a more favorable
reentry code as an exception to policy. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.
tt 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 PFE
Executive Dir
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