DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
: 2 NAVY ANNEX
WASHINGTON DC 20370-5100 JRE
Docket No. 00774-10
9 November 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 4
November 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 nava
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. In
this regard, the Board noted that you were discharged by reason of
fraudulent entry on 29 October 2009 due to your failure to disclose
a history of a disqualifying medical condition. You completed 24 days
of service, and were assigned a reentry code of RE-8, which is the
most favorable code that may be assigned to a Marine being discharged
for fraudulent entry.
In view of the foregoing, and as you have not demonstrated that you
are entitled to a reentry code other than RE-8, your application has
been denied. The names and votes of the members of the panel will
be furnished upon request.
The Board did not consider your request for a characterized
C = ison and authority for your
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a
discharge because you have not exhausted an available administrative
remedy by submitting an application to the Naval Discharge Review
Board.
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
geregularity attaches to all official records. Consequently, when
ppply ing 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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W. DEAN PFEL
Executive Dir
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