DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX JRE
WASHINGTON DC 26370-5100 Docket No. 06080-08
11 May 2009
This is in reference to your application for correction of your
maval 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 April 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that on 29 November 2006, a medical board gave
you a diagnosis of Marfan syndrome. The medical report
indicates that you had a family history of Marfan syndrome, a
history of orthostatic episodes since age 15, surgically
corrected pectus carinatum, arachnodactylity, limitation of
motion of your elbow joints, and a round hole in your retina
without detachment. On 19 January 2007, the Physical Evaluation
Board made preliminary findings that you were unfit for duty due
to Marfan syndrome, which existed prior to your enlistment and
was not aggravated by your service. You accepted those findings
on 5 February .2007, and you were discharged by reason of
physical disability on 10 May 2007. You were assigned a reentry
code of RE-3P to indicate that you require a waiver of physical
disqualification in order to become eligible for reenlistment.
As you have not demonstrated that you were discharged in error,
and as your present reentry code is the most favorable code
authorized for Sailors discharged by reason of physical
disability, the Board was unable to recommend any corrective
action in your case. 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,
eee SLPS TP
ROBERT D. ~ZSALMAN
Acting Executive Director
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