DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
CRS
WASHINGTON DC 20370-5100
Docket No: 3779-09
22 May 2009
This ig 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 20 May 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 16 August 2004.
On 2 September 2004 your commanding officer directed your
separation based on the concealment of a pre-service history of
psychiatric treatment and a diagnosis of attention
deficit/hyperactivity disorder, adjustment disorder, and
borderline personality disorder. On 8 September 2004 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 from others in your situation, the Board could not
find an error or injustice in the assignment of your reentry
code. Accordingly, 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 reg\
Consequently, when
record, the burden
existence of proba
hlarity attaches to all official records.
applying for a correction of an official naval
is on the applicant to demonstrate the
ble material error or injustice.
Sincerely,
W. DEAN P eR |
Executive Director
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