D E P A R T M E N T O F T H E NAVY
B O A R D F O R C O R R E C T I O N O F N A V A L R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
JRE
Docket No: 5634-01
7 March 2002
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 28 February 2002. 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 underwent a pre-enlistment physical examination on 29 October
1999. You did not disclose any history of diseaqe or medical treatment in the Statement of
Medical History you completed on that date. You specifically denied a history of broken
bones. You served in the Navy from 7 September to 2 October 2000, when you were
discharged for failing to meet procurement medical standards due degenerative joint disease
in your left great toe, which was fractured in 1998, and a bunionectomy, which apparently
was performed prior to October 1999. You were assigned a reenlistment code of RE-4, as
required by governing directives. There is no indication in the available records that you
sustained significant injury to your foot or toe during your period of service.
The Board was not persuaded that your discharge was erroneous, or that you were unjustly
assigned an RE-4 reenlistment code. The statement of your physician to the effect that he
does not think that military training will necessarily hasten the degeneration of your toe joint,
and that you could participate in military training activities was not considered sufficient to
warrant any corrective action in your case.
In addition, it noted that an RE-4 cbde is not an
absolute bar to reenlistment, as it may be waived by the Chief of Naval Personnel in
appropriate cases.
In view of the foregoing, the Board was unable to recommend any corrective action in your
case. 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
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