DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
CRS
Docket No: 6165-09
2 July 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 Boara for Correction of Naval
Records, sitting in executive session, considered your
application on 24 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
chereof, 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 9 August 2006.
On 23 April 2007 you were given a diagnosis of asthma, which was
not considered disabling in your case. On 11 May 2007 you
received a general discharge by reason of a condition, not 4
disability, that interfered with your performance of duty. You
were assigned a reentry code of RE-4, &s permitted by regulatory
guidance.
On 4 Sept 2008 the Naval Discharge Review Board upgraded your
general discharge to honorable.
The Board concluded that you were properly assigned a reentry
code of RE-4. It is often assigned to Sailors who are diagnosed
for a condition not a Gisability. The fact that you do not
suffer from asthma at this time does not establish that your
condition was misdiagnosed in 2007, or provide a basis for
changing your present reentry code. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.
Tt igs regretted that the circumstances of your case are such that
favorable action cannot be taken. You ave 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
recoré, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
ly Nous
wW. DEAN PF
Executive Direc
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