DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 6318-07
17 April 2008
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 15 April 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 5 July 2006 at age 18. On 2 August
2006 you were referred for a medical evaluation and diagnosed
with asthma. The physician stated that your condition was not
correctable to meet Navy standards. As a result, you were
administratively processed for separation. In this regard, the
discharge authority directed an uncharacterized entry level
separation by reason of failed medical and/or physical |
procurement standards as evidenced by your diagnosis of asthma.
On 14 August 2006 you were so separated and at that time you were
not recommended for retention or reenlistment, and assigned an
RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and assertion that you were denied your right to due
process. Nevertheless, the Board concluded these factors were
not sufficient to warrant a change in the reenlistment code
because of your uncorrectable medical condition and failure to
complete basic training due to this condition. Further, an RE-4
reenlistment code is authorized when a Sailor is separated by
reason of failed medical and/or physical procurement standards
and is not recommended for reenlistment. Accordingly, your
application has been denied.
The names and votes of the members of the panel will be furnished
upon request.
~~ “tt 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,
; nN
W. DEAN PF R
Executive rector
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