Search Decisions

Decision Text

NAVY | BCNR | CY2009 | 02853-09
Original file (02853-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX CRS
WASHINGTON DG 20370-5100. Docket No: 2853-09

16 June 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 10 June 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 Navy on 24 March 2008.
On 7 April 2008 you were given diagnoses of chronic genital pain
and chronic hematuria, which were considered disqualifying for
enlistment and not correctable to meet Navy standards. On 22
April 2008 you received an entry level separation by reason of
your failure to meet medical/physicai 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 were misdiagnosed 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 ail 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,

Similar Decisions

  • NAVY | BCNR | CY2006 | 11177-06

    Original file (11177-06.pdf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 CRS Docket No: 11177-06 21 April 2008 This is in reference to your naval record pursuant to the States Code section 1552. application for correction of your provisions of title 10 of the United A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 March 2008. On 5 April 2002 you received an entry level separation by...

  • NAVY | BCNR | CY2010 | 05140-10

    Original file (05140-10.pdf) Auto-classification: Denied

    On 4 January 2010, you were notified of pending administrative separation action by reason of failed medical and physical procurement standards due to the chronic pain which was not disclosed. Based on the medical evaluation, you were processed for separation by reason of failed medical and physical procurement standards due to the chronic pain syndrome. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...

  • NAVY | BCNR | CY2009 | 06265-09

    Original file (06265-09.pdf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORESG 2 NAVY ANNEX Docket No: 6265-09 WASHINGTON DC 20370-5100 “ 25 June 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 cf the Board for Correction of Naval Records, sitting in executive session, considered your . Consequentiy, when applying for a correction of an official naval record, the burden is...

  • NAVY | BCNR | CY2009 | 00970-09

    Original file (00970-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting] in executive session, considered your application on 19 February 2009. After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to jestablish the existence of probable material error or injustice. Consequently, when applying for a correction of on official naval record, the burden/is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2008 | 09442-08

    Original file (09442-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 October 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2007 | 08665-07

    Original file (08665-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 October 2008. 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. On 29 February 2000 you were notified of pending administrative separation by reason of failed medical and/or physical procurement standards due...

  • NAVY | BCNR | CY2010 | 01200-10

    Original file (01200-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 November 2010. However, on 23 July 2009, a medical evaluation was conducted and you documented that you had right knee pain and swelling prior to commencing your active duty, but failed to document that fact. The Board noted that applicable regulations require the assignment of an RE-4 reentry code to individuals who are separated due to a medical condition that...

  • NAVY | BCNR | CY2010 | 04052-10

    Original file (04052-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 May 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...

  • NAVY | BCNR | CY2009 | 05712-09

    Original file (05712-09.pdf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 CRS Docket No: 5712-09 26 October 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. 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....

  • NAVY | BCNR | CY2010 | 01396-10

    Original file (01396-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 March 2010. On 16 December 2009 you were given a diagnosis of migraine headaches, which was considered disqualifying for enlistment and not correctable to meet Navy Standards. 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.