_ DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
‘2 NAVY ANNEX
WASHINGTON BC 20370-5100
BuG
Docket No: 1329-11
3 November 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 1 November. 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 enlisted in the Navy and entered active duty on 22 February
2006. On 27 February 2006, you were diagnosed with patella
femoral pain in the right knee which existed prior to your
enlistment that interfered with the performance of your duties.
You were then processed for administrative separation due to
your diagnosed condition. On 15 March 2006, you received an
uncharacterized entry level separation due to fraudulent entry,
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 change the characterization of your discharge
and reentry code. However, the Board concluded that your
uncharacterized entry level separation should not be changed
due to the fact that administrative separation processing was
initiated before you had been on active duty for 180 days. The
Board further concluded that your RE-4 reentry code was correct
based on your fraudulent enlistment and failure to complete
recruit training. 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 PFET
Executive Di t
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