DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 10702-10
25 October 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 20 October 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 12 August 2009.
On 21 August 2009 you were given a diagnosis of chronic knee
pain, existing prior to entry. On 3 September 2009 you received
an entry level separation by reason of a condition, not a
disability, that interfered with your performance of duty. You
were assigned a reentry code of RE-4, as permitted by regulatory
guidance.
The Board concluded that you were properly assigned a reentry
code of RE-4, which is often assigned to Sailors who are
discharged due to a disqualifying physical condition. Your
belief that you are now physically qualified does not provide a
basis for changing your present reentry code. Accordingly, your
application has been denied. The names and votes of the members
of the panel will he 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,
W. DEAN PF
Executive
wer nate ,
or
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