DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
BIG
Docket No: 8283-01
27 December 2001
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.
You requested that your reenlistment code of RE-4 (not eligible for reenlistment without
prior approval of the Chief of Naval Personnel) be changed. -You say the code is not unjust,
but you want it changed so you can serve your country. You further say you made a mistake
at a young age by going along with your recruiter in failing to disclose a leg injury before
your enlistment, and that you did make full disclosure at recruit training. You provide a
letter from a physician to the effect that you are currently without symptoms, and a statement
from a recruiter to the effect that with a reenlistment code of RE-3P (eligible for reenlistment
except for disqualifying factor
currently qualify for enlistment.
- physical disability) and a medical waiver, you could
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 19 December 2001. 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, medical record, and applicable statutes, regulations and policies. They also
considered your undated letter with enclosures.
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. In this connection, the Board found your naval record shows that you entered
active duty on 8 March 1993; that you were discharged on 23 March 1993 by reason of
erroneous enlistment
authorities found your condition made you not physically qualified in accordance with the
physical standards for enlistment; that you had an entry level separation
were discharged within 180 days of your entry on active duty; and that you received the
- enlisted, reenlisted, extended or inducted in error; that medical
(ELS), meaning you
RE-4 code. Notwithstanding your current condition and the circumstances of your failure to
disclose your leg condition before your enlistment, the Board found that the RE-4 code was
appropriate in light of the ELS and and your deception. In view of the above, 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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PART I - APPLICANT’S ISSUES AND DOCUMENTATION I could see my future becoming bright and full of training and knowledge, I could see myself as a member of a big family who is the best in all what they do. It was said that I never told anyone about my pre-existing medical issues, which I had none besides my unkle pain, which I find that to be normal under heavy excercices.