DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
CRS :
Docket No: 11089-0608
5 October 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 30 September 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 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 8 September
2008. On 2 October 2008 you were diagnosed with attention-
deficit/hyperactivity disorder. On 20 October 2008 you were
separated with an entry level separation by reason of erroneous
entry, and assigned a reentry code of RE-8.
The Board carefully considered your contention to the effect that
recruiters do not recognize your reentry code and believe it was
an administrative error. The Board concluded, however, that as
the assignment of a reentry code of RE-8 is authorized when an
individual is discharged by reason of erroneous entry, there is
no basis for any corrective action in your case. In this regard,
your reentry code is based on the determination that you are now
suitable for military service and should be given another
opportunity. Accordingly, your application has been denied. The
names and votes of the members of the panel will be furnished
upen recuest.
Tt ig regretted that the circumstances of your case are such that
favorable action camnot 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 aby
Enclosure
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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 thus concluded that there is no error or “yy, injustice in your reentry code. 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.
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