DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 05498-06
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 12 July 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.
reported a previously undisclosed history of blepharitis “as long
as can remember”. You were examined at that time and given a
diagnosis of bilateral blepharitis, and “corneal neo” secondary
to “staph toxins”. On 20 February 2003, you were recommended for
discharge by reason of erroneous enlistment because of your
disqualifying eye condition. In a letter dated 25 March 2003, a
private ophthalmologist stated that you had been referred to him
because of corneal scarring. He opined that the most likely
had chlamydia exposure, “this is less likely”. You were
service, but was not considered disabling. You were assigned a
reentry code of RE-3G, to indicate that you require a waiver in
order to become eligible for reenlistment.
The Board rejected your unsubstantiated contentions to the effect
that your condition was misdiagnosed, you were discharged in
error, and that you are entitled to an honorable discharge by
reason of physical disability with entitlement to disability
benefits administered by the Department of the Navy. There is no
indication in the available records that your eye condition,
which clearly existed prior to your enlistment, increased in
severity beyond natural progression during your brief period of
service. The Board also found that as the discharge process was
initiated in your case prior to your completion of 180 days of
active service, you were not entitled to a characterized
separation. 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,
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