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Decision Text

NAVY | BCNR | CY2006 | 11177-06
Original file (11177-06.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

WASHINGTON DC 20370-5100

CRS
Docket No: 11177-06
21 April 2008

 

 

This is in reference to your
naval record pursuant to the
States Code section 1552.

application for correction of your
provisions of title 10 of the United

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your

application on 5 March 2008.

Your allegations of error and

injustice were reviewed in accordance with administrative
regulations and procedures pplicable to the proceedings of this

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.

pain, which was considered disqualifying for enlistment and not
correctable to meet Navy standards. On 5 April 2002 you received
an entry level separation by reason of your failure to meet
medical/physical procurement standards, and were assigned a

reentry code of RE-4.

Applicable regulations require the assignment of an RE-4 reentry
code to Sailors who are separated due to their failure to. meet
medical/physical procurement standards. Your contention that you
no longer have chronic ankle pain does not establish that you
were discharged in error or provide a basis for changing your RE
code, which was properly assigned to reflect your status at that
time. 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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