DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
	                   	2 NAVY ANNEX
WASHINGTON DC 2O37O~5IOO

JRE
Docket No. 08171-05
13 November 2006

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 November 2006. 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 on 10 May 2004. Shortly after enlisting, you disclosed that you had been diagnosed with Down syndrome, and that you had received a special education diploma from high school. You were given diagnoses of learning and cognitive disorders, and recommended for discharge by reason of erroneous entry. On 17 June 2004, you were discharged by reason of erroneous entry, and assigned a reentry code of RE-4, as permitted by governing directives.

In the absence of evidence which demonstrates that the diagnoses which resulted in your discharge are erroneous, and that it would be in the interest of justice to award you a more favorable reentry code, the there is no basis for granting your request. 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 PFEIFFER
						            Executive Director