DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 276-09
27 January 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 22 January 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 you enlisted in the Marine Corps on 28
November 2006. On 9 January 2007, you were given a diagnosis of
generalized tonic clonic seizure, which was considered
disqualifying for enlistment and not correctable to meet Navy
Standards. On 25 January 2007 you received an entry level
Separation by reason of your failure to meet medical/physical
procurement standards, and were assigned a reentry code of RE-4.
The Board noted that applicable regulations require the
assignment of an RE-4 reentry code to Sailors who are separated
due to their failure to meet medical/physical procurement
Standards. Your contention that you never had a seizure prior to
enlisting does not establish that you were discharged in error or
provide a basis for changing your RE code, which was properly
assigned to reflect your status at that time. 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,
W. DEAN PF]
Executive
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