Docket No: 6674-19 
Ref: Signature Date           

 
Dear : 
 
This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 16 December 2019.  The names and votes of the members of the panel will be furnished upon request.  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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty on 20 February 2008.  On 29 February 2008, you were counseled that you were not recommended for reenlistment due to deliberate material misrepresentation, omission, or concealment of information during your enlistment.  On 17 March 2008, you were discharged with an uncharacterized (entry-level separation) characterization of service due to fraudulent entry and assigned a reentry (RE) code of RE-4. 
 
You request the Board change your RE code.  You assert your RE code is an error and it precluded you from employment with the .  You claim that during your Navy recruitment process you informed the recruiters that you had previously had seizures, but they told you “not to mention it and that it was no big deal.”  At basic training you disclosed that you had seizures in the past and you believe you were medically separated from the Navy. 
 
The Board found no error in the records.  The Board noted that your record contained a counseling entry signed by you explaining why you were ineligible to reenlist.  Your original service record was incomplete and did not contain some documentation pertaining to your separation from the Navy.  However, the Board noted that you provided no evidence to support your contention of recruiter misconduct.  Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law/policy and in good faith. 
 
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 the submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or 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.