DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 8140-09
1 September 2009
Thies 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 5 August 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
ineufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Navy on 2 May 2007. On
16 May 2007 you disclosed a history of asthma which you had
concealed when applying for enlistment. On 8 June 2007 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 did not accept your contention to the effect that you
were misdiagnosed. In addition, the Board was not persuaded that
it would be in the interest of justice to assign you a more
favorable reentry code as an exception to policy. 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
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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,
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