DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX REC
WASHINGTON DC 20370-5100 Docket No: 05826-11
2 June 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 2 June 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.
Linjvetice.
You reenlisted in the Navy and began a period of active duty on
31 January 2008. You failed to disclose important information
pertaining to your prior service, arthroscopy surgery, and
counseling you had received on your in processing paperwork. It
wag determined that your lack of properly disclosing information
warranted assigning of a reentry code of RE-4 for fraudulent
entry into the military. On 3 March 2008, you were discharged
with an uncharacterized entry level separation due to fraudulent
entry.
The Board, in its review of your application, carefully weighed
all patentially mitigating factors, such as your overall record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant a change of your reentry code, which
was based on your fraudulent entry. In this regard, an RE-4
reentry code is appropriately assigned when an individual is
discharged for fraudulent entry and is not recommended for
retention. 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,
W. DEAN PFE
a
Executive D
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