DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
REC: tir
Docket No: 11617-09
8 March 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 2 March 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 30 January 2007 at age 21 and served
without disciplinary incident.
Your record reflects that during your enlistment processing you
disclosed a pre-existing diagnosis of post gastrectomy/dumping
syndrome. It was determined that this condition negatively
impacted your performance of duty and affected your ability to
function effectively. As such, you were recommended for an
expeditious administrative separation.
As a result of the foregoing, you were notified of administrative
separation by reason of convenience of the government due to a
pre-existing medical condition as evidenced by your diagnosed
post gastrectomy/dumping syndrome. At that time you did not
object to the separation and waived your rights to submit a
separation rebuttal statement. Subsequently, your commanding
officer recommended discharge by reason of convenience of the
government due to a pre-existing medical condition as evidenced
by your diagnosed post gastrectomy/dumping syndrome, and further
noted that you were not recommended for retention or
reenlistment. The discharge authority approved this
recommendation and directed your commanding officer to issue you
a general discharge by reason of convenience of the government
due to a condition, not a disability. On 7 September 2007 you
were so discharged and were assigned an RE-4 reenlistment code.
In May 2009 the Naval Discharge Review Board (NDRB} upgraded the
characterization of your service to fully honorable. However,
the narrative reason for separation was not changed.
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. It also
considered the NDRB proceedings regarding the characterization of
your service. It further considered your assertion that your RE
code should be changed because you told the truth and should not
be denied the opportunity to reenlist. Nevertheless, the Board
concluded these factors were not sufficient to warrant a change
in your reenlistment code because of your pre-existing diagnosed
post gastrectomy/dumping syndrome. Further, the Board concluded
that your diagnosed syndrome 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,
W. DEAN P
Executive
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