DEPARTMENTOFTHE NAV
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
Y
S
WASHINGTON DC 20370-510
0
JRE
Docket No: 7338-02
5 November 2002
This is in reference to your
provisions of title 10 of the United States Code, section 1552.
application for correction of your naval record pursuant to the
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 5 September 2002.
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 that the
evidence submitted was insufficient to establish the existence of probable material error or
injustice.
The Board found that you served on active duty in the Navy from 30 January to 22 June
2001, when you were discharged by reason of a defective enlistment, based on your failure to
disclose a disqualifying medical condition. You were assigned a reenlistment code of RE-4
because, in the opinion of your commanding officer, you had no potential for future useful
naval service. The Board rejected your unsubstantiated contention to the effect that you
disclosed your history of a back injury to recruiting officials.
In the absence of evidence that demonstrates that your discharge was improper, 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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