DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION. OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-51600
TAL
Docket No: 13078-09
30 August 2010
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 25 August 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
8 August 2006. On 21 September 2006, you were the subject of a
medical evaluation that diagnosed you with hereditary
spherocytosis with splenomegaly (a spleen disorder) and anemia, a
condition that is not correctable to meet Navy physical
standards. The diagnosed condition interfered with your
assignment to and performance of duty. You were notified of the
recommendation that you be discharged by reason of entry level
separation due to failed medical-physical procurement standards.
On 4 October 2006, your commanding officer directed an entry
level separation and at that time you were assigned an RE-4
reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant a change in your
reenlistment code given your diagnosis of hereditary
spherocytosis with splenomegaly and anemia. 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,
Lou
W. DEAN PFE
Executive Diacko
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