DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 7435-10
8 April 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 6 April 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
6 February 2007 at age 19. Based on the information currently
contained in your record it appears that you were subsequently
involuntarily processed for an entry level separation by reason
of fraudulent entry (drug abuse). In connection with this
processing, you would have acknowledged the separation action and
the separation authority would have approved a recommendation for
separation. The record clearly shows that on 3 April 2007, you
were discharged with an uncharacterized entry-level separation by
reason of fraudulent entry (drug abuse). At that time you were
assigned an RE-4 reentry code, which means that you were neither
recommended nor eligible for reenlistment.
The Board in its review of your application carefully weighed all
potentially mitigating factors, such as your youth, and overall
record of service. Nevertheless, the Board concluded that these
factors were not sufficient to warrant changing your reentry code
given the seriousness of your misconduct. Finally, it is well
settled in the law that if a Sailor procures a discharge by
fraud, he should not benefit from the fraud when it 1s
discovered. Therefore, if you lied to get out of the military as
you contend, no corrective action would be appropriate.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
Each branch of the armed forces establishes its own criteria for
enlistment within the provisions of federal law. The reentry
code assigned by the Navy is not binding upon the other services,
which are free to accept or reject an application on the basis of
‘their own standards# If another branch of service decides to
‘waive your reentryt code and accept you for enlistment, the Navy
will not object. ~ *
‘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,
Lo Meng
W. DEAN PFI]
Executive Di
ae
By
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