DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 9581-09
16 July 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 13 July 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 13 January 2009 at age 22 and began a
period of active duty on 18 March 2009. During the period from 9
to 13 April 2009, you underwent several medical evaluations after
being referred for chest pains. The medical reports stated in
part, that the pains were not demonstrated by any cardiac or
respiratory condition. During these evaluations you reported a
history of numerous visits, prior to your enlistment in the Navy,
over a period of several years for chest pains. The medical
reports stated that because of your chest pains you were unable
to participate in training or perform required tasks and that you
were unable to fulfill any physical requirements. At that time
you stated that you felt being discharged would be best for you.
Subsequently, you were recommended for an administrative
separation and encouraged to seek follow-up care with a civilian
medical provider.
On 16 April 2009 you were notified of pending administrative
separation action by reason of fraudulent entry due to
concealment of a condition that existed prior to your enlistment.
At that time you waived your right to consult with legal counsel
and to submit a statement in rebuttal to the aforementioned
notification. Your commanding officer recommended you be
separated from the Navy with an uncharacterized entry level
separation by reason of fraudulent entry through deliberate
material misrepresentation, omission, or concealment of a
condition or circumstances that existed prior to entry in the
Naval Service. This recommendation was approved and on 23 April
2009 you were so separated and assigned an RE-4 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 narrative reason for
separation. It also considered your assertion that because you
contracted illnesses while serving in the Navy that required
medical treatment after you were separated, and were not properly
diagnosed by military hospital corpsmen, the Navy should be
responsible for payment of your Tricare bills. Nevertheless, the
Board concluded these factors and assertion were not sufficient
to warrant relief because of your fraudulent entry in the Navy
through deliberate material misrepresentation or concealment of a
condition that existed prior to entry. The Board concluded that
your type of discharge and narrative reason for separation were
proper and sufficiently supported by the documentation in the
record. 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,
W. DI
Executive
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