DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket Nor 13351-0959
16 September 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 15 September 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
28 September 2005, at age 19. On 7 April 2005, you completed
your physical at the Military Entrance Processing Station (MEPS)
and claimed that you had never experimented with any illegal
drugs. You were counseled for a family crisis and at that time
you disclosed the fact that you had experimented with drugs and
marijuana prior to your enlistment. However, you failed to
disclose this important information during your enlistment
physical. It was determined that your lack of properly
disclosing information warranted assigning a reenlistment code of
RE-4 for fraudulent entry into the military. On 5 January 2007,
you were discharged with a general discharge from active duty due
to fraudulent entry.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your overall record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant a change in the characterization of
service or reenlistment code, which was based on your fraudulent
entry. In this regard, an RE-4 reenlistment code is
appropriately assigned 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,
Lass
W. DEAN PFRIFEES
Executive
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