DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 1932-09
19 February 2010
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 21 January 2010. 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. oo
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 18 April 2007.
You underwent psychological evaluation on 30 April 2007 and were
given diagnoses of cannabis dependence and mixed personality
disorder with antisocial traits. It was noted that you failed to
disclose a pre-service history of psychiatric treatment and drug
use when applying for enlistment. On 18 May 2007 you received an
entry level separation by reason of fraudulent entry due to drug
abuse, 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,
pas :
? DEAN PPET
Executive Dir
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