DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 03617-08
23 March 2009
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 17 March 2009. 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 and began a period of active duty on
26 July 2005 at age 18. During the period from 24 September to
15 December 2005, you were diagnosed with asthma that existed
prior to your entry into the service.
Based on the medical evaluation, you were processed for
separation due to the diagnosed asthma. On 14 December 2005,
after you were advised of your rights, you elected to receive
copies of documents to be forwarded to the separation authority,
but waived all your other procedural rights. Subsequently, on
15 December 2005 you were discharged with an entry level
separation. At that time you were assigned an RE-4 reenlistment
code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and short
period of service. Nevertheless, the Board found that these
factors were not sufficient to warrant changing the reenlistment
code. In this regard, individuals separated within the First 180
days of active duty are routinely discharged with an entry level
separation and assigned a RE-4 reenlistment code. 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, e
rons
W. DEAN PFEDLYFP
Executive D
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