DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 4673-09
93 March 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 3 February 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.
after careful and conscientious consideration of the entire
record, the Board found that the evicence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Navy on 30 June 2003.
On 11 August 2003 your commanding officer directed that you be
separated based on your concealment of a pre-service history of
attention-deficit/hyperactivityisorder. On 14 August 2003 you
received an entry level separation by reason of fraudulent entry
and were assigned a reentry code of RE-
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, appiicable 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 requested.
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,
aur
W. DEAN PFIRIE
Executive if
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