DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 8314-02
30 December 2002
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 11 December 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 enlisted in the Navy on 21 June 20'02.
Subsequently, while in recruit training, you were diagnosed with
spontaneous pneumothorax, a condition which, if known prior to
your enlistment, would have prevented your entry into the Navy.
On 19 July 2002 administrative separation administrative was
initiated by reason of erroneous enlistment due to the diagnosed
spontaneous pneumothorax.
At that time, you declined to submit a
statement in response to the proposed separation action.
On 22
July 2002 the discharge authority directed an entry level
separation by reason of erroneous enlistment.
you were so separated with a reenlistment code of RE-3E.
In its review of your application the Board carefully weighed all
potentially relevant factors,
including the contention that you
were improperly separated.
However, the Board concluded that
these factors were not sufficient to warrant an honorable
discharge, a change in the reason for discharge, or a better
reenlistment code.
On 26 July 2002
The reason for separation,
The Board also
An entry level separation is routinely assigned to individuals
Therefore,
separated during the first 180 days of active duty.
the entry level separation was appropriate since you had served
less than 180 days of active duty.
is also correct since you should not have
erroneous enlistment,
been enlisted due to your physical condition.
noted that an RE-3E reenlistment code is the most favorable
reenlistment code authorized by regulatory guidance for
individuals discharged due to erroneous enlistment.
thus concluded that there is no error or injustice in your
reenlistment code.
In addition, the Board concluded that it cannot take any action
which would make you eligible for immediate enlistment in the
Army.
In this regard, the Board noted that irrespective of your
reenlistment code, you are not eligible for enlistment at this
time, because DOD Instruction 6130.4, paragraph E1.22.16
provides, in effect, that a pneumothorax
three years preceding an examination for enlistment disqualifies
an individual from enlisting.
Accordingly, your application has been denied.
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.
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.
You are entitled to have the
The Board
occuring during the
The names and
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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