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NAVY | BCNR | CY2006 | 02522-06
Original file (02522-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

                           TJR
                                                                                          Docket No: 2522-06
                                                                                          13 October 2006







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 3 October 2006. 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice,
You enlisted in the Navy on 14 January 2003 at age 20. on 28 January 2003 you were referred for a cardiologic evaluation after complaining of chest pains for two days. At that time you were recommended for further evaluation. As a result, on 4 February 2003, you were diagnosed with chest pain and palpitation, an uncorrectable condition which existed prior to your enlistment (EPTE) . Subsequently, you were recommended for an administrative separation.
On 10 February 2003 you were notified of pending administrative separation action by reason of defective enlistment and induction due to erroneous enlistment as evidenced by the diagnosed chest pain and palpitation. You waived your right to consult with legal counsel and to submit a statement in rebuttal to the separation action. On 11 February 2003 the discharge authority directed an uncharacterized entry level separation by reason of failed medical and/or physical procurement standards, and on 14 February 2003 you were so discharged and assigned an RE-4 reenlistment code.
 The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and desire to have your reenlistment code changed. Nevertheless, the Board concluded these factors were not sufficient to warrant a change in the reenlistment code because of the diagnosed chest pain and palpitation, a condition which did not meet Navy standards. Such a code is required when a Sailor is separated due to failure of medical and/or physical standards for enlistment. 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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