DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100 REC
Docket No: 10757-09
9 July 2010
Dear ay.
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 8 July 2010. 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 and began a period of active duty on
16 June 2010, at age 19. On 23 January 2008, during your initial
processing at the Military Entrance Processing Station, you
claimed on the report of medical history that you never had
asthma or any breathing problems. However, on 19 June 2008, you
were diagnosed with having asthma which was a condition that
existed prior to your entry into the service. On 2 July 2008,
you were informed that administrative separation processing had
been initiated. You were counseled regarding your condition, and
advised to seek treatment after separation. Based on the medical
evaluation, you were processed for separation by reason of failed
medical and physical procurement standards due to the asthma.
You were advised of your rights, and you elected to receive
copies of documents to be forwarded to the separation authority,
but waived all your other procedural rights. Subsequently, on
18 July 2008, you were discharged with an entry level separation
by reason of failed medical/physical procurement standards. At
that time, you were assigned a reenlistment code of RE-4.
The Board noted that applicable regulations require the
assignment of an RE-4 reenlistment code to individuals who are
separated due to a medical condition that existed prior to entry
into the service. The Board also noted that accompanying your
application, you made the statement that prior to your enlistment
you had asthma and were prescribed an inhaler, which was required
to be documented and disclosed on your enlistment documentation.
The Board thus concluded that there is no error or injustice in
your RE-4 reenlistment code. 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 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,
Wy DEAN DPRAEE
Executive Dire
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