DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 8372-10
10 June 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.
BR three-member panel of the Boara for Correction of Naval
Records, sitting in executive session, considered your
application on 8 June 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
Li) ustLee.
You enlisted in the Navy and began a period of active duty on
9 August 2007 at age 18. On 20 August 2007, you were the subject
of a medical evaluation that diagnosed you with asthma, a
condition that existed prior to enlistment and is not correctable
to meet Navy physical Standards. Your civilian medical history
indicates you had been diagnosed with asthma in 1999, with an
admission to Temple Children’s Hospital, a pediatric intensive
care unit, as recently as June 2006. The diagnosed condition
affects your potential for performance of expected physical
training, duties and responsibilities. On 24 August 2007, you
were notified of the recommendation that you be discharged by
reason of entry level separation due to fraudulent entry. On
5 September 2007, your commanding officer directed an
uncharacterized entry level separation. On 11 September 2007 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 asthma. The Board
concluded that since you were discharged by reason of fraudulent
entry into military service, 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 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 canndét 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,
Executive D
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