DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
7 SIN
i Docket No: 10575-08
# 29 July 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 21 July 2009. Your allegations of error and
injustice were reviewed in accordance with administrative
reguiations.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
15 April 1987 at age 18. On 4 May 1987, you were medically
evaluated after being referred by an immunization clinic for a
possible allergy to smalipox. it was determined that you were
highly allergic to the Smallpox vaccination which existed prior
to your entry into the service. You were counseled regarding
your condition, and advised to seek treatment after separation.
Rased on the medical evaluation, you were processed for
separation by reason of erroneous enlistment due to being
allergic to the smallpox vaccination. On 14 May 1987, 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 21 May 1987
you were discharged with an entry level separation by reason of
erroneous enlistment.
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 reason for
your separation given you being allergic to the Smallpox
vaccination. With regard to your characterization of service,
the Board noted that you were notified of your separation
processing within 180 days of the beginning of your period of
active service. Navy regulations authorize an uncharacterized
entry level separation if the processing of a Sailor’s separation
begins within 180 days of entry on active duty. 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,
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