DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 8665-07
27 October 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 21 October 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 19 January 2000 at age 24. During
the period from 11 to 25 February 2000, while in recruit
training, you were referred for a medical evaluation due to
complaints of knee problems. You were diagnosed with chronic
knee arthralgia, a condition that existed prior to your
enlistment. You were found to be medically unfit for further
service and recommended for an expeditious administrative
separation.
On 29 February 2000 you were notified of pending administrative
separation by reason of failed medical and/or physical
procurement standards due to the diagnosed chronic knee
arthralgia. At that time you did not object to the separation
and waived your right to submit a rebuttal statement to the
aforementioned notification. On 1 March 2000 the separation
authority directed an uncharacterized entry level separation by
reason of failed medical and/or physical procurement standards
and on 6 March 2000 you were so separated 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 desire to reenlist and assertion that since you did not do
anything illegal you should not be assigned an RE-4 reenlistment
code. Nevertheless, the Board concluded these factors were not
sufficient to warrant a change in your reenlistment code because
of your failed physical procurement standardS. Further, the
Board concluded that your diagnosed chronic knee arthralgia was
sufficient to support the assignment of an RE-4 reenlistment
code. Finally, such a code is authorized by regulatory guidance
and normally assigned to Sailors who are separated due to their
failure to complete recruit training. 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,
lo
W. DEAN PF
Executive e r
\
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