DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 13307-09
15 September 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 15 September 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
24 February 1994, at age 19. During your initial processing at
the Military Entrance Processing Station, you claimed on the
report of medical history that you never had any shoulder pain or
troubles. However, on 21 March 1994, a medical evaluation was
conducted and you documented that you had shoulder problems which
were not disclosed earlier. On 22 March 1994, you were notified
of pending administrative separation action by reason of
defective enlistment and erroneous enlistment due to the
diagnosed instability of your right shoulder which was not
disclosed prior to your entry into the Navy. 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 instability of your shoulder.
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
29 March 1994, you were discharged with an uncharacterized
separation by reason of failed medical/physical procurement
standards. At that time, you were assigned a reenlistment code
of RE-4.
The Board in its review of your application, carefully weighted
all potential mitigating factors, such as your youth and your
desire to reenlist in the armed forces. 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 never had
shoulder problems and you provided a recent physical, which you
again stated in item number 18, that you have never had any
shoulder problems. 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,
Lo Deane.’
W. DEAN PFEVURF
Executive Dilrec
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