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NAVY | BCNR | CY2007 | 03912-07
Original file (03912-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370~5 100

                                                      CRS
                                                                         Docket No: 39l2-07
14 January 2008






This is in reference to your application for correction of your naval record pursu ant to the provisions of title 10 of the United States Code 1552

A t hree - m ember panel of the Board for Records, si tting in executive sess i on, cons idererd your application on 9 January 2008. 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 28 August 2006. On 15 September 2006, you were diagnosed with symptomatic scoliosis, which existed prior to your entry on active duty, and recommended for entry level medical separation. On 29 September 2006 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, such as yourself, who are separated due to their failure to meet medical/physical procurement standards. Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.
The Board did not consider whether your reason for separation should be changed, since you have not exhausted an administrative remedy by applying to the Naval Discharge Review Board (NDRB). You may apply to NDRB by submitting the attached DD Form 293.



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 PF} Executive 11
Enclosure
 2

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