DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100 REC
Docket No: 00435-0939
9 November 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 ‘
A three-member panel of: the Board for Correction of. Naval.
- Records, sitting in executive session, considered your -.
application on 28 October 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
13: November 1984, at age 23. On -29 July 1985, you were referred
to a Medical Review Board (MRB) and its findings were in,
agreement with your original diagnosis of having degenerative
arthritis in your left knee. However the MRB’s conclusion was
that the condition existed prior to your enlistment in the Navy
and found you not fit for full duty. The MRB recommended
discharge. Based on'the MRB’s decision, you were processed for
separation by reason of physical disability which existed prior
to entry on active duty. 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 3 December 1985, you were discharged
with an honorable discharge. At that time, you were assigned a>
reenlistment code of RE-3P, which is the most favorable code and
-ig waivable by armed forces recruiters,
The Board, in its review of your application, carefully weighted
all potentially mitigating factors, such as your youth and
overall record of service. The Board noted that applicable
regulations require the assignment of an RE-3P reenlistment code
to individuals who are separated due to a medical condition that
existed prior to entry into the service. The Board thus
concluded that there is no error or injustice in your
xeenlistment 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 © 0 ©
existence’:of. probable ‘material error or injustice. 26.)
Sincerely,
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