DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 10663-09
23 July 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, 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 14 July 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 on
2 July 2002 at age 21. On 5 March 2004, you were notified that
the Defense Security Service (DSS) investigation had denied you a
security clearance. The disqualifying information considered in
reaching the decision was your denial of delinquent financial
obligations, and denial of a mental, emotional or personality
disorder on the Security Clearance Application (SF-86). Based on
the information currently contained in your record it appears
that you were subsequently processed for administrative
separation by reason of fraudulent entry. In connection with
this processing, you would have acknowledged the separation
action and the discharge authority would have approved a
recommendation for separation. On 19 October 2004, you were
discharged under honorable conditions due to fraudulent entry.
At that time you were assigned an RE-4 reenlistment code, which
means you were neither recommended nor eligible for reenlistment.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to change your reenlistment code for
possible reentry into the armed forces. Nevertheless, the Board
conciuded these factors were not sufficient to warrant a change
in your reenlistment code given the non-recommendation for
reenlistment which was sufficient to support the assignment of an
RE-4 reenlistment code and failure to disclose information on you
SF-86. 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,
\s
W. DEAN
Executive
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