DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 26370-5100
TJIR
Docket No: 10631-098
12 August 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 10 August 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 25 July 2007 at age 18 and served
without disciplinary incident.
Your record reflects that on 27 July 2007, after being referred
for a medical evaluation due to complaints of joint pain in the
right ankle, you were diagnosed with chronic right ankle pain
that existed prior to your enlistment. The report noted, in
part, that your condition was not correctable to meet Navy
standards and as such you were recommended for an expeditious
administrative separation.
On 2 August 2007 you were notified of administrative separation
by reason of defective and erroneous enlistment as evidenced by
your diagnosed chronic ankle problems which existed prior to
enlistment, and fraudulent entry due to your failure to disclose
the history of your ankle problems. Presumably, you did not
object to the separation and waived your right to submit a
Separation rebuttal statement. Subsequently, the discharge
authority directed your commanding officer to issue you an
uncharacterized entry level separation by reason of fraudulent
entry, and on 21 August 2007, while serving in paygrade E-1, you
were so discharged and were 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 reenlistment code and
presumably the narrative reason for separation so that you may
weenlist in the Navy. Nevertheless, the Board concluded these
ftctors. were not sufficient to warrant a change in your
Yeenlistment code or narrative reason for separation because of
your diagnosed chronic ankle problems and which were also found
sto be noncorrectable to meet Navy standards. The Board concluded
that your diagnosed medical problems, failure to complete recruit
training, and nonrecommendation for retention or reenlistment
were sufficient to support the assignment of an RE-4 reenlistment
code, which is 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,
Vandre)
W. DEAN P FF
Executive Dinedtior
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