DEPARTMENT OF THE NAVY
		BOARD FOR CORRECTION OF NAVAL RECORDS
	                               2 NAVY ANNEX
		       WASHINGTON DC 20370-5100
	January 2007
	Docket No: 06675-06

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 3 January 2007. 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 on 28 June 2005 at age 18 and denied any mental health problems prior to entry into the service, but in actuality, you had been diagnosed with attention deficit disorder, and had a history of self mutilation. Consequently, administrative separation action was initiated by reason of fraudulent enlistment. You waived your right to consult counsel or submit a statement. In July 2005 the discharge authority directed that you receive an entry-level separation due to fraudulent enlistment. You were so discharged on 15 July 2005 and assigned a reenlistment code of RE-4.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and fact you admitted your pre-service medical problems at the moment of truth and you alleged your recruiter strongly recommended that you did conceal your medical problems• at that time. Nevertheless, the Board found that these factors were not sufficient to warrant a change in your reenlistment code since you were discharged by reason of fraudulent enlistment. An RE-4 reenlistment code must be assigned under such circumstances. Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.

The Board did not consider whether the entry-level separation or the reason for separation should be changed since you did not request such action and have not exhausted your administrative remedy by applying to the Naval Discharge Review Board (NDRB). You may apply to NDRB by submitting the attached DD Form 293.

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,

ROBERT D. ZSALMAN
Acting Executive Director

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