DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX CRS
WASHINGTON DC 20370-s100. Docket No: 5513-09
3 June 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 28 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 2 March 2009,
On 15 March 2009. your commanding officer directed that you be
separated based on your concealment of a history of psychiatric
treatment or counseling with schizotypal, schizoid, and paranoid
‘features. On 20 March 2009 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 considered your contention to the effect that you
Mistakenly waived your right to request general court-martial
convening authority review of your separation, but found it
insufficient to warrant changing 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 sucti thar
favorable action cannet be taken. You are entitied to have the
Board reconsider its decision upon submission of new and material
evidence or cther matter not previously considered by the Board.
In this regard, it 18 important to keep in mind that a
presumption of regularity attaches to ail official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant te demonstrate the
existence of probable material error or injustice.
Sincerely,
W. DEAN SPE FHR
Executive Dibec
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