DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 12336-08
4 May 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 29 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 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 10 May 2006. On
30 May 2006 your commanding officer directed that you be
separated based on your concealment of a history of asthma prior
to your enlistment. On 6 June 2006 you received an entry level
separation by reason of fraudulent entry and were assigned a
reentry code of RE-4.
The Board noted that a reentry code of RE-4 is required by
regulatory guidance 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 Board did not accept your unsubstantiated contention to the
effect that you informed your recruiter of your history of
asthma. It concluded that your current state of health is
immaterial to the issue of the propriety of the reentry code you
were assigned in 2006. Accordingly, and as you have not
demonstrated that it would be in the interest of justice for the
Board to change your reentry code as an exception to policy, 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,
\ySSoas
W. DEAN PFE
Executive Di thor
NAVY | BCNR | CY2008 | 07572-08
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. The Board concluded that it would not be in the interest of justice to assign you a more favorable 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.
NAVY | BCNR | CY2006 | 02176-06
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. In addition, the Board concluded that either you concealed your history of asthma in order to fraudulently procure your enlistment, or that you concocted a history of asthma in order to fraudulently procured your discharge. Consequently, when applying for a correction of an official naval...
NAVY | BCNR | CY2009 | 08140-09
.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. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2009 | 01543-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 May 2009. 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. As you have not demonstrated that you should have received a more favorable reentry code than RE-3P, and as you were fortunate to have received that...
NAVY | BCNR | CY2006 | 07926-06
07926-06 10 October 2006This 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 28 September 2006. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable...
NAVY | BCNR | CY2009 | 12555-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 July 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2010 | 08372-10
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. On 20 August 2007, you were the subject of a medical evaluation that diagnosed you with asthma, a condition that existed prior to enlistment and is not correctable to meet Navy physical Standards. Consequently, when applying for a correction of an official naval record, the burden is on...
NAVY | BCNR | CY2010 | 01211-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 November 2010. 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 enlisted in the Navy and began a period of active duty on 28 August 2010, at age 19.
NAVY | BCNR | CY2013 | NR8586 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 January 2014. 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. Consequently, when applying tor a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2011 | 12878 11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 October 2012. In addition it noted that you could have been processed for separation by reason of fraudulent entry based on your concealment of what you believed to be a pre-service history of asthma. 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...