DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 018-10
21 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
2 July 2009 at age 20. On 13 July 2009, you were the subject of
a medical evaluation that diagnosed you with irritable bowel
syndrome (IBS), a condition that existed prior to enlistment and
is not correctable to meet Navy physical standards. The
diagnosed condition affects your potential for performance of
expected duties and responsibilities. On 16 July 2009, you were
notified of the recommendation that you be discharged by reason
of erroneous entry due to failed medical-physical procurement
standards. On 19 July 2009, your commanding officer directed an
entry level separation. On 24 July 2009 you were so discharged
and 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 IBS. The Board
concluded that since you were discharged by reason of failed
medical-physical procurement standards, the RE-4 reenlistment
code is justified. Recruiting personnel are responsible for
determining whether you meet the standards for reenlistment, and
whether or not a request with supporting documentation for waiver
of your reenlistment code is feasible. Accordingly, your
application has been denied. The hames 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
Roard 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.
Consequent fy,” 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,
. DEAN PFEURE
Executive Dil
NAVY | BCNR | CY2009 | 08226-09
R three-member panel of the Board for Correction of Naval . 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. 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.
NAVY | BCNR | CY2009 | 13210-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 September 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2013 | NR4460 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your ‘application on 19 April 2014. 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,...
NAVY | BCNR | CY2010 | 01200-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 November 2010. However, on 23 July 2009, a medical evaluation was conducted and you documented that you had right knee pain and swelling prior to commencing your active duty, but failed to document that fact. The Board noted that applicable regulations require the assignment of an RE-4 reentry code to individuals who are separated due to a medical condition that...
NAVY | BCNR | CY2009 | 11112-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28° July 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2010 | 05140-10
On 4 January 2010, you were notified of pending administrative separation action by reason of failed medical and physical procurement standards due to the chronic pain which was not disclosed. Based on the medical evaluation, you were processed for separation by reason of failed medical and physical procurement standards due to the chronic pain syndrome. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2009 | 13307-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 September 2010. 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. Based on the medical evaluation, you were processed for separation by reason of failed...
NAVY | BCNR | CY2009 | 10757-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 July 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2010 | 04052-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 May 2010. After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...
NAVY | BCNR | CY2011 | 05768-11
A three-member panel of the Board for Correction of Naval Records, Sitting in executive session, considered your application on 20 March 2012. In this regard, you were assigned the most favorable reentry code based on your circumstances. 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.