DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX REC
WASHINGTON DC 20370-5100 Docket No: 05157-10
17 February 2011
a
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 16 February 2011. 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
11 December 2001, at age 29. On 25 April 2003, you received
nonjudicial punishment for making a false official statement, and
obtaining services under false pretenses. On 2 November 2005, a
review of your security clearance background report was conducted
and it was determined that you failed to disclose drug
involvement felony offenses on your in-processing paperwork. It
was further determined that your lack of properly disclosing
information warranted assigning a reentry code of RE-4 for
fraudulent enlistment into the military. On 27 July 2006, you
were discharged from active duty with a general discharge with
the narrative reason for separation of fraudulent entry into the
military service (drug abuse) .
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 your narrative reason for
separation, and the reentry code, which was based on your
fraudulent entry. In this regard, an RE-4 reentry code is
required 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.
Since your discharge is less than 15 years old, you may apply to
the Naval Discharge Review Board (NDRB) for a possible upgrade.
I have enclosed NDRB’s application for your convenience.
It’ is regretted that the circumstances of your case are such that
favorable actfon 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,
Loge be
W. DEAN PFE
Executive Divedtvor
Enclosure
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