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NAVY | BCNR | CY2010 | 03055-10
Original file (03055-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

WASHINGTON DCG 20370-5100
CRS

Docket No: 3055-10
25 January 2011

 

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 17 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.

The Board found that you enlisted in the Navy on 21 August 1989.
On 6 October 1989 you were given a diagnosis of keratoconus,
existing prior to service. On 20 October 1989 you received an
entry level separation by reason of erroneous entry and were.
assigned a reentry code of RE-4.

In its review of your application the Board carefully weighed all
potentially mitigating factors, and the unsubstantiated
contention they you were medically fit prior to enlistment. The
Board concluded that those factors were insufficient to warrant
characterizing or changing the reason for your discharge. It
noted that an entry level separation is reguired when separation
processing is initiated within the first 180 days of active duty.

The Board found that a reentry code of RE-4 is authorized by
regulatory guidance in cases such as yours and is often assigned
+o service members separated by reason of erroneous entry. The
Board was not persuaded that it would be in the interest of
justice to assign you a more favorable 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 reghlarify attaches to all official records.
Gonsequently, when app¥ying for a correction of an official naval
vecord, the burden is on the applicant to demonstrate the

existence of probable material error or injustice.
Sincerely,

W. DEAN PF
Executive Ditréctdar

wh
“tee:

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