DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S$, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SION ,
Docket No: 02224-13
12 February 2014
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 12 February 2014. 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy and began a period of active duty on
23 October 2006. Your recorded is incomplete as it does not
contain supporting the documents pertaining to your reason for
@ischarge. The Board found that by review of your Certificate of
Release or Discharge from Active Duty (DD Form 214), it appears
that medical personnel determined you were diagnosed with a
medical condition that had existed prior to your entry into the
service. Subsequently, you were discharged with an entry level
separation by reason of fraudulent entry on 21 November 2006. At
that time, you were assigned an RE-4 reentry code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and brief
record of service. Nevertheless, the Board found that these
factors were not sufficient to warrant changing the reason for
your discharge or reentry code given the fact that it appears
you failed to disclose all of your pre-service medical history.
Furthermore, an RE-4 reentry code is routinely issued to
individuals
discharged due to fraudulent enlistment based on medical
conditions that existed prior to entry into the service.
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,
TR DD | ios
ROBERT D. ~ZSALMAN
Acting Executive Director
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