DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 4101-11
(18 August 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 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.
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 Reserve and
reported to active duty on 19 December 2007. On 7 February 2008
you received nonjudicial punishment for having another person
take your required swim test. On 17 February 2008 you received
an entry level separation by reason of erroneous entry and were
assigned a reentry code of RE-4. ~
The Board found that a reentry code of RE-4 is authorized by
regulatory guidance in cases such as yours and is often assigned
to service members separated by reason of erroneous entry due to
falsification of a required swim test. The Board was not
persuaded that it would be in the interest of justice to assign
you.a more favorable reentry code. Accordingly, 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,
Lan Gh
W. DEAN PF
Executive Dire xr
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