DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
JRE
WASHINGTON DC 20370-5100
Docket No. 01503-08
28 October 2008
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the
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 23 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you served on active duty in the Navy from
31 October to 21 December 2007, when you were discharged by
reason of erroneous entry due to a disqualifying knee condition
which existed prior to your enlistment. You were assigned a
reentry code of RE-3E, which the most favorable code available
to a Sailor discharged for erroneous entry.
Your enlistment was considered erroneous because Navy medical
authorities did not discover that your knee could not withstand
the rigors of active duty service until after you enllisted.
There is no credible evidence that your knee condition increased
in severity beyond natural progression during your brief period
of service in the Navy. In addition, the Board noted that you
could have been processed for separation by reason of fraudulent
entry due to your failure to fully disclose the circumstances of
your previous discharge from the Marine Corps, which was based
on a number of disqualifying medical conditions that existed
prior to that period of service.
In view of the foregoing, and as you have not demonstrated that
you were unfit for further service by reason of physical
disability that was incurred in or aggravated by your service in
the Navy, there is no basis for correcting your record to show
that you were separated or retired by reason of physical
disability. 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,
\Sson&
W. DEAN PFEYF
Executive Di r
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