DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
REC
SH -
WASHINGTON DC 20370-5100 Docket No: 05669-09
23 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 18 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy and began a period of active duty on
6 November 2001, at age 27. On 30 April 2003, you received a
substance abuse rehabilitation evaluation and disclosed at that
you had a severe pattern of alcohol abuse prior to your entry
that you failed to disclose in your enlistment processing
paperwork. Additionally, you disclosed that you continued this
massive alcohol intake during your enlistment, by indulging in
Six 32 ounce mixed drinks just two days prior to commencing
rehabilitation. However, it was determined that your lack of
properly disclosing information warranted assigning a
reenlistment code of RE-4 for fraudulent entry into the military.
Such a code is required when an individual is separated by
reason of fraudulent entry. On 14 May 2004, you were discharged
from active duty while serving in paygrade E-3 due to fraudulent
entry.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as overall record of
Service. Nevertheless, the Board concluded these factors were
not sufficient to warrant a change in the reenlistment code,
which was based on your fraudulent entry. In this regard, an
RE-4 reenlistment code is required when an individual is
discharged for fraudulent entry and is not recommended for
retention. 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 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,
Daa.
W. DEAN P
Executive ctor
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