DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TOR
Docket No: 3972-09
26 March 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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*23 March 2010. 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
injustice.
You enlisted in the Navy on 8 dune 1998 at age 18 and began a
period of active duty on 9 July 1998. You served without
disciplinary infraction until 14 February 1999, when you began a
two day period of unauthorized absence (UA) that was not
terminated until 16 February 1999.
Your record reflects that during your enlistment processing a
medical board found that you had disclosed an unspecified pre-
existing disability. Presumably, it was determined that this
disability negatively impacted your performance of duty and
affected your ability to function effectively. As such, you were
recommended for an expeditious administrative separation.
As a result of the foregoing, you were notified of administrative
separation by reason of convenience of the government due to a
pre-existing medical disability. At that time you did not object
to the separation and waived your right to submit a separation
rebuttal statement. Subsequently, your commanding officer
recommended discharge by reason of convenience of the government
and further noted that you were not recommended for retention or
reenlistment. The discharge authority approved this
recommendation and directed your commanding officer to issue you
an honorable discharge by reason of convenience of the government
due to a pre-existing disability. On 22 July 2000, while serving
in paygrade E-3, you were so discharged. At that time you were
assigned an RE-3P reenlistment 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 reenlistment code and
narrative reason for separation. Nevertheless, the Board
concluded these factors were not sufficient to warrant a change
in your reenlistment code or narrative reason for separation
because of your pre-existing disability. Further, the Board
concluded that your diagnosed disability was sufficient to
support the assignment of an RE-3P .reenlistment code, which is
the most appropriate code for your situation and authorized by
regulatory guidance. 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 probable material error or injustice.
Sincerely,
\ Qos °
W. DEAN P ER
Executive etor
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