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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.

A three-member panel of the Board for Correction of Naval.
Records, sitting in executive session, considered your
application on 21 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 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 2 March 2005.
On 22 March 2005, you were given diagnoses of epilepsy and
recurrent migraines, which were considered disqualifying for
enlistment and not correctable to meet Navy standards. on 31
March 2005 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 desire to reenlist and unsubstantiated
contention to the effect that you were discharged in error does
not provide a basis for changing your reentry 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 entitied 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
recora, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.

Sincerely,

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