DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 03617-06
25 July 2007
Dear &
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 31 May 2007. 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 13 September
2005 and served until 26 January 2006, when you were discharged
by reason of erroneous entry because of chronic ankle pain that
rendered you unsuitable for military service, but did not render
you unfit by reason of physical disability. You were assigned a
reentry code of RE-3E. The Board noted that you were discharged
after you inquired about receiving an entry level medical
separation, and that you declined to request a waiver of your
condition in order to remain on active duty, even though Navy
medical authority thought the condition was correctable. On 14
November 2006, the Department of Veterans Affairs (VA) denied
your request for service connection for residuals of stress
fractures of your ankles, as there was no evidence of unhealed
stress fractures at that time, or of ankle conditions that were
residual to the stress fractures.
It is important to note that the terms “erroneous enlistment” and
“fraudulent enlistment” are not synonymous. An enlistment is
considered erroneous if it would not have occurred had all
relevant facts been known by Department of the Navy officials,
such as your predisposition to developing ankle pain. An
enlistment is considered fraudulent when it is procured through
false representation of one’s qualifications for enlistment, or
the deliberate concealment of a disqualification. There was no
fraud in your case.
The Board rejected your unsubstantiated contention to the effect
that your ankle pain was caused by or related to bilateral stress
fractures. Tt concluded that although the available records do
not demonstrate that you suffered from bilateral ankle pain
before you enlisted, you had a predisposition to develop that
pain, and the onset of the pain was the result of the natural
progression of that predisposition, rather than the result of
service incurred trauma to your ankles. Had you not had that
predisposition, you would have been discharged for the
convenience of the government because of a condition, not a
disability, that interfered with your performance of duty, and
assigned a reentry code of RE-3G rather than Re-3E.
In view of the foregoing, your application has been denied. The
mames 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,
Executive
USMC | DRB | 2006_Marine | MD0600175
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