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NAVY | BCNR | CY2009 | 03424-09
Original file (03424-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

SUN
Docket No: 03424-09
2 February 2011

 

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 1 February 2011. The names and votes of the
members of the panel will be furnished upon request.

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

List 1s :

You enlisted in the Navy and began a period of active duty on

22 November 1994. The Board found that on 28 November 1994, you
were diagnosed with right knee pain that existed prior to your
entry into the Navy. Subsequently, on 12 December 1994, you
received an entry level separation by reason of erroneous
enlistment due to failed medical/physical procurement standards.
At that time you were assigned an RE-4 reentry code.

 

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to change your RE-4 reentry code.
Nevertheless, the Board concluded these factors were not
sufficient to warrant such a change of your reentry code given
your diagnosed knee pain. In this regard, you were assigned the
appropriate reentry code based on your circumstances.
Accordingly, your application has been denied.
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 pyobable material error or injustice.
. 7;

al

2 Sincerely,

Apa

W. DEAN P
Executive D

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