DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX REC
WASHINGTON DC 20370-5100 Docket No: 01211-10
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 9 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 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 August 2010, at age 19. Upon your arrival at the recruit
training command (RTC), you required a waiver as you never
completed your initial fitness assessment while in the delayed
entry program. On 31 August 2009, you reported to medical with
breathing problems. At that time you disclosed that two weeks
prior to reporting to RTC, you were diagnosed with mild asthma
and prescribed an inhaler. However, you failed to disclose this
important information on your enlistment physical. On 8 October
2009, a waiver returned disapproved for you to remain on active
duty. It was determined that your lack of properly disclosing
information warranted assigning of a reentry code of RE-4 for
fraudulent entry into the military. On 30 October 2009, you were
discharged with an entry level separation 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 of your reentry code, which
was based on your fraudulent entry. In this regard, an RE-4
reentry 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 Mot previously considered by the Board.
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,
W. EAN P
Executive Dj
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