DEPARTMEN,T OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAW ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 5542-97
9 April 1999
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 6 April 1999.
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.
Your allegations of error and
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.
On 28 July 1989, prior to enlistment in the Navy, you were
diagnosed with stromel scar of
vision and compound myopic astipivetism.
given eyeglasses for treatment.
the prognosis of your condition was inactive at the present time
and probably would not recur.
waiver was granted for the foregoing condition to allow your
enlistment.
herpetic keratitis with decreased
At this time you were
The medical examiner noted that
Accordingly, it appears that a
The Board found you enlisted in the Navy on 31 May 1990 at the
age of 18 and served without disciplinary incident.
reflects that during the period from 6 to 14 June 1990 you were
hospitalized on several occasions due to multiple episodes of the
diagnosed herpes simplex keratitis.
part, that you had six or more recurrences since your last
examination in July 1989, but did not see a doctor during the
The report further noted that you had received a
recurrences.
waiver for enlistment in July 1989 but also had five or more
At this time you were
recurrent episodes since that time.
recommended for further evaluation by a medical board.
The medical report noted, in
Your record
On 14
June 1990 a medical board diagnosed you with recurrent herpes
The board noted that a
simples keratitis of the right eye.
waiver was not recommended at this time due to the severity of
the problem, the repeated medical visits, and the lack of any
improvement in your condition.
for separation.
At this time you were recommended
Subsequently, you were notified of pending separation action by
reason of physical disability due to ophthalmology/optometry
You waived your rights to consult with legal
service condition.
counsel and to submit a statement in rebuttal to the separation.
On 27 June 1990 the discharge authority directed you be issued an
entry level separation by reason of physical disability due to
pre-service ophthalmology/optometry condition.
you were so separated and assigned an
On 3 July 1990
RR-3P reenlistment code.
pre-
RR-3P is the most favorable reenlistment code authorized by
An
regulatory guidance when an individual is separated with a
RR-3P reenlistment code may not
physical disability.
prohibit reenlistment, but requires that a waiver be obtained.
Recruiting personnel are responsible for determining whether you
meet the standards for reenlistment,
for a waiver of your reenlistment is feasible.
and whether or not a request
The
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and your contentions that you would
like to your discharge set aside and reinstatement in the Navy
with compensation for six years of continuous service.
further considered your contention that the discharge was unjust
because you had a medical waiver for your eye problem.
also considered the medical documentation. However, the Board
concluded these factors were not sufficient to warrant
reinstatement in the Navy.
assigned an RE-3P reenlistment code.
assigned when an individual is separated due to a physical
disability and is otherwise recommended for reenlistment.
The
Board also concluded that separation was appropriate despite the
pre-enlistment waiver given the recurrence of the condition and
Given all the circumstances of your
the lack of improvement.
case, the Board concluded that since you were discharged by
reason of physical disability and assigned an RE-3P reenlistment
code the discharge was proper and no change is warranted.
Accordingly, your application has been denied.
The Board also noted you were
Such a code is normally
The Board
The Board
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
You are entitled to have the
favorable action cannot be taken.
Board reconsider its decision upon submission of new and material
2
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
3
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