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Decision Text

NAVY | BCNR | CY2013 | NR5267-13
Original file (NR5267-13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. CGURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

CRS
# Docket No: 5267-13
1 April 2014

|
il

 

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 8 January 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 that the evidence submitted was

insufficient td establish the existence of probable material
error or injustice. - ma j

The Board found that you enlisted in. the Navy on 21 July 2004.
On 9 September 2004 your commanding officer directed that you be
separated based on your lying at the: Moment of ‘Truth about a
suicide attempt and psychiatric history.*--On 20 September 2004
_ you received an uncharacterized entry level separation by reason
of fraudulent entry and were assigned a reentry, code of RE-4,

The’ Board noted that a reentry code of RE-4 is required by
regulatery guidance to'be dssigned-to sérvice members separated

by reason of fraudulent’ entry. Since you have been treated no
differently than others in your situation, the Board could not

find an error or injustice in the assignment of your reentry
code. The Board did not accept your contention to the effect
that the reports made at the time of your discharge are no
longer accurate or correct. 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 régularity attaches to all offictAl 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,

ete ’

ROBERT D. ZSALMAN.
_Acting Executive Director

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