DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 13757-10
19 January 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 5 January 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.
The Board found that you enlisted in the Navy on 18 July 2008.
On 2 September 2008 your commanding officer directed your
separation due to failure to disclose a history of knee pain. On
9 September 2008 you received an entry level separation by reason
of fraudulent entry and were assigned a reentry code of RE-4.
The Board noted that a reentry code of RE-4 is required by
regulatory guidance to be assigned to service members separated
by reason of fraudulent entry. Since you have been treated no
differently than others in your situation, the Board could not
find an error or injustice in the assignment of your reentry
code.
The Board did not accept your unsubstantiated contention to the
effect that your recruiter told you to conceal information about
your knee pain. Accordingly, and as you have not demonstrated
that it would be in the interest of justice for the Board to
change your reentry code as an exception to policy, your
application has been denied. The names and votes of the members
of the panel will be furnished upon my 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. offieial 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 PFEI
Executive Di ~
bo
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