DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 05140-10
16 February 2011
a
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 16 February 2011. 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 11 March 2009, and began a period of
active duty on 18 November 2009. During your initial processing
at the Military Entrance Processing Station, you did not document
that you had ever experienced any chronic pain. However, on
28 December 2009, a medical evaluation was conducted and you
complained that you had chronic pain syndrome located bilateral
epididymalgia. 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. 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 chronic
pain syndrome. 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 entry level 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 potentially mitigating factors, such as your youth and 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 thus
concluded that there is no error or injustice in your RE-4
reentry code. Aceordingly, 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,
rereuieainne
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