DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 8441-06
12 July 2007
Dear Spabeiee:
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 10 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.
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 28 April 2004 at age 30 and served
without disciplinary incident.
On 14 June 2004 you were diagnosed with uterine fibroid and
anemia, both of which were medically correctable. Subsequently,
you were recommended for separation. As a result, on 24 June
2004, you were notified of pending administrative separation
action by reason of erroneous enlistment due to the diagnosed
uterine fibroid and anemia. At that time you waived your right
to consult with legal counsel and to submit a statement in
rebuttal to the discharge action. On 29 June 2004 the discharge
authority directed an uncharacterized entry level separation by
reason of erroneous entry, and on 1 July 2004 you were so
separated from the Navy and were assigned an RE-3E reenlistment
code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your civilian medical evaluation documentation and desire to
reenlist. Nevertheless, the Board concluded these factors were
not sufficient to warrant a change in the reenlistment code
because of the diagnosed uterine fibroid and anemia. Further, an
RE-3E reenlistment code is the most favorable code authorized
when a Sailor is separated by reason of erroneous entry. This
code does not automatically bar reenlistment, but requires that a
waiver be obtained. The Board noted that you should take your
Civilian medical documentation to the nearest recruiting
personnel office so that a determination can be made as to
whether you meet the standards for reenlistment or whether or not
a request for a waiver of your reenlistment code is feasible.
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,
Executive Di
NAVY | BCNR | CY2006 | 09324-06
Regulations approved by the Secretary of the Navy require that Subject’s naval record be corrected, where appropriate, in accordance with the approved recommendation of the Board.4. It is requested that this Board be furnished a copy of any correspondence relating to the approved recommendation.BRIAN J. GEORGE By direction DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS2 NAVY ANNEXWASHINGTON DC 20370-5100TJRDocket No: 9324-0620 September 2007From: Chairman, Board for Correction...
ARMY | BCMR | CY2001 | 2001062690C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The opinion stated that the applicant’s conditions of uterine fibroids and pregnancy at the time of separation were not cause for referral to a Medical Evaluation Board (MEB) per AR 40-501. Neither pregnancy, nor uterine fibroids are listed in AR 40-501 as conditions requiring referral to an MEB.
NAVY | BCNR | CY2002 | 08314-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 December 2002. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
AF | PDBR | CY2009 | PD2009-00293
The informal PEB (IPEB) adjudicated the mood disorder (major depression, without psychotic features) due to multiple medical conditions as the single unfitting condition, rated 10%; with application of the SECNAVINST 1850.4E and DoDI 1332.39. The Veterans’ Affairs (VA), however, can rate and compensate all service connected conditions without regard to their impact on performance of military duties, including conditions developing after separation that are direct complications of a service...
NAVY | BCNR | CY2006 | 04300-06
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting that his reenlistment code be changed.2. Petitioner asserts that he no longer has the ankle problems for which is was administrative separated and assigned an RE-4 reenlistment code. Recruiting personnel are responsible for determining whether an individual meets the standards for reenlistment, and whether or not a request for a waiver of a...
NAVY | BCNR | CY2014 | NR1206 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 February 2015. Since you enlisted in error, you were assigned the most appropriate reenlistment code based on your circumstances. 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.
NAVY | BCNR | CY2002 | 03570-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 September 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 18 October 2001, your separation was At that time, you were Since the Board found no evidence that RE-4 Regulations authorize the assignment of an RE-3E or reenlistment code to an individual separated by reason...
NAVY | BCNR | CY2008 | 10443-08
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 thus concluded that there is no error or “yy, injustice in your reentry code. 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.
NAVY | BCNR | CY2009 | 13095-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 August 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2014 | NR4120 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 April 2015. 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. 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...