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NAVY | BCNR | CY2010 | 05199-10
Original file (05199-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
REC

WASHINGTON DC 20370-5100
Docket No: 05199-10
3 March 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 2 March 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.

Bfter 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 Marine Corps and began a period of active
duty on 29 December 1992, at age 19, On 4 February 1993, a
mental health evaluation was conducted, and you confessed that
you experienced an unpleasant situation with water at age 12.
You stated that you hated water and would not go back into the
swimming pool. You were diagnosed with a simple phobia of water.
Based on the mental health evaluation, you were processed for
separation by reason of a diagnosed simple phobia of water (a
condition but not a disability). After you were advised of your
rights, you elected to receive copies of documents to be
forwarded to the separation authority, but waived all your other
procedural rights. Subsequently, on 12 February 1993, you were
discharged with an uncharacterized entry level separation due to
the convenience of the government by reason of a diagnosed
condition (not a physical disability). At that time, you were
assigned a reentry code of RE-3P.

 

In its review of your application, the Board considered all
mitigating factors, such as your youth. However, the Board found
these factors were insufficient to warrant changing your
characterization of service due to your diagnosed condition of
simple phobia. The Board noted that applicable regulations
authorize the assignment of an RE-3P reentry code to individuals
who are separated due to medical conditions that interfere with
duty performance. The Board thus concluded that there is no
error or injustice in your reason for separation or RE-3P 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
existence of probable material error or injustice.

Sincerely,

Wane

W. DEAN PFE
Executive D

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