DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 5525-10
9 February 2011
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 8 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You entered active duty in the Navy on 15 December 2009. While
at recruit training, you were given a mental health evaluation
and diagnosed with a depressive disorder and attention deficit
hyperactivity disorder, both of which you failed to disclose
and existed prior to your enlistment. You were
administratively processed for separation due to fraudulent
enlistment. On 5 January 2010, you received an uncharacterized
entry level separation due to fraudulent enlistment, and were
assigned an RE-4 (not recommended for retention) reentry code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
current desire to serve in the armed forces. However, the
Board concluded that your RE-4 reentry code should not be
changed due to your failure to disclose your psychiatric
history and diagnosed depressive disorder. You are advised
that no reentry code is changed due merely to the passage of
time or post service good conduct. In view of the above, 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,
W. DEAN PFE!
Executive D
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