DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX 4
REC
WASHINGTON DC 20370 c ,
TO IC O37 5100 Docket No: 01200-10
4 November 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 3 November 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 on 28 August 2008, and began a period of
active duty on 15 July 2009. During your initial processing at
the Military Entrance Processing Station, you claimed on the
report of medical history that you had three knee surgeries, but
had experienced no pain since. 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. On 30 July 2009, you
were notified of pending administrative separation action by
reason of failed medical and physical procurement standards due
to the instability of your right knee 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 right knee. 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 6 August
2009, you were discharged with an uncharacterized separation by
reason of failed medical/physical procurement standards. At that
time, you were assigned a reentry 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 reentry
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 knee surgery with no
complications and never had any knee problems since. The Board
thus concluded that there is no error or injustice in your RE-4
reentry 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
Sincerely,
\isaa
W. DEAN P
Executive
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