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NAVY | BCNR | CY2011 | 03443-11
Original file (03443-11.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

BUG
Docket No: 3443-11
23 January 2012

 

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 2012. 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 8 August
2007. On 12 September 2007, you were diagnosed with asthma
which existed prior to your enlistment that interfered with the
performance of your duties, and that you had failed to disclose.
You were then processed for administrative separation due to
your diagnosed condition. On 3 October 2007, 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 your narrative reason for separation
and reentry code. However, the Board concluded that they are
correct based on your diagnosed condition, 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,

\y) Boas

W. DEAN PF

Executive or

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