- DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51300
CRS
Docket No: 6786-08
4 August 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 30 July 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.
you applied for enlistment, you failed to disclose pre-service
treatment for an anxiety disorder, as well as a history of drug
dependence and alcohol abuse. On 29 May 2008 you received an
entry level separation by reason of fraudulent entry based on the
disclosures you made on 5 May 2008, and were assigned a reentry
code of RE-4,
The Board considered your assertion that you lied about your pre-
service conditions in order to be discharged, but could not
determine if you were lying then or lying now. Furthermore, it
noted that the law is very clear that an individual who procures
a discharge by fraud should not thereafter be permitted to
benefit from the fraud. In addition, applicable regulations
require the assignment of an RE-4 reentry code to individuals who
_ are separated by reason of fraudulent entry. Accordingly, and as
you have not demonstrated that your reentry code is erroneous or
unjust, 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,
Lp!
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