Search Decisions

Decision Text

NAVY | BCNR | CY2010 | 12456-10
Original file (12456-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100

 

TAL
Docket No: 12456-10
19 Avgust 2011

This ig 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 17 August 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.

Rfiter 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
26 June 2008 at age 22. Based on the information currently
contained in your record it appears that you were subsequently
involuntarily processed for entry level separation by reason of
erroneous entry. In connection with this processing, you would
have acknowledged the separation action and the discharge
authority would have approved a recommendation for separation.
The record clearly shows that on 17 July 2008, you were
discharged with an entry level separation by reason of erroneous
entry. 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 found that
these factors were not sufficient to warrant a change in your
reentry code. Regulations authorize the assignment of an RE-4
reentry code when an individual is discharged by reason of

erroneous entry. Furthermore, enlistment disqualifications
discovered after enlistment result in discharge by reason of
erroneous entry if the separation authority finds that the
individual would have never been authorized to enlist if the
disqualifying factor had been discovered before enlistment.
Aecordingly, 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,

\ Deane

W. DEAN PFRIF
Executive Drrector

Similar Decisions

  • NAVY | BCNR | CY2011 | 00299-11

    Original file (00299-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 October 2011. Nevertheless, the Board found that these factors were not sufficient to warrant a change in your reentry code given the diagnosed depressive disorder. 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.

  • NAVY | BCNR | CY2011 | 04101-11

    Original file (04101-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 August 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2011 | 01358-11

    Original file (01358-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your -application on 2 November 2011. Applicable regulations require the assignment of an RE-4 reentry code to individuals who are separated due to erroneous entry based on pre-service use of drugs. 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.

  • NAVY | BCNR | CY2010 | 03055-10

    Original file (03055-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 November 2010. 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. The Board found that a reentry code of RE-4 is authorized by regulatory guidance in cases such as yours and is often assigned +o service members...

  • NAVY | BCNR | CY2011 | 05824 11

    Original file (05824 11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 February 2012. Nevertheless, the Board concluded these factors were not sufficient to warrant a change in the reentry code. 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.

  • NAVY | BCNR | CY2011 | 00444-11

    Original file (00444-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 October 2011. This condition existed prior to your enlistment. 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.

  • NAVY | BCNR | CY2009 | 03424-09

    Original file (03424-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 February 2011. In this regard, you were assigned the appropriate reentry code based on your circumstances. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the -existence of pyobable material error or injustice.

  • NAVY | BCNR | CY2009 | 07286-09

    Original file (07286-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 September 2009. The Board concluded that there is no error or injustice in your reentry code, and that you have not demonstrated that it would.be in the interest of justice for the Board to assign a more favorable code as an exception to policy. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to...

  • NAVY | BCNR | CY2010 | 04521-10

    Original file (04521-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 January 2011. You are advised that an RE-3E reentry code is the most favorable code you could have been assigned and may be waived by prior service recruiting personnel. 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.

  • NAVY | BCNR | CY2007 | 07991-07

    Original file (07991-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 September 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...