DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 96-09
5 October 2009
This is in reference tc 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 23 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. a
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 fund that you enlisted in the Navy on 6 July 1999. On
3 August 1999 you were given diagnoses of a depressive disorder
and a pain disorder. On 10 August 1999 you received an entry
level separation by reason of erroneous entry and were assigned a
reentry code of RE-4.
The Board noted that a reentry code of RE-4 is authorized by
regulatory guidance and is often assigned to service members
separated by reason of erroneous entry, especially in cases such
as yours where the enlistment 49 deemed erroneous because of
previously undiagnosed, disqualifying physical or psychological
conditions.
The Board also considered your assertion that you lied about your
mental condition in order to be discharged, but could not
determine if you lied to procure discharge, or are lying now. In
this regard, the law is very clear that an individual who
procures a discharge by fraud should not benefit from the fraud
when it is digcovered. Accordingly, your application has been
denied. The names and votes of the members of the panel will be
Eurnished 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,
ly |
We DEAN PFEIREF
Executive Di
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