DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUJR
Docket No: 320-11
26 January 2011
This is in reference to your application for correction of your naval
record pursuant to the provisions of Title 10, United States Code,
Section 1552.
AR three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 19
January 2011. The names and votes of the members of the panel will
be furnished upon request. 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 19 May 2010 at age 20, began a period of
active duty on 11 August 2010, and served without disciplinary
incident. On 29 September 2010 you were referred for a medical
evaluation due to your complaints of headaches. The medical report
stated, in part, that you had a long history of headaches and had
experienced throbbing and associated photo/phono phobia and neck
pains. It further stated that this condition existed prior to your
enlistment. Subsequently, you were diagnosed with chronic headaches
that were not severe enough to disrupt your normal activities, but
required medication more than twice a year. AS a result, you were
recommended for an expeditious administrative separation.
On 4 October 2010 you were notified of pending administrative
separation by reason of erroneous entry due to a physical or mental
condition that existed prior to your enlistment. After waiving your
procedural rights you did not object to the separation. On 6 October
2010 the discharge authority directed an uncharacterized entry level
separation by reason of erroneous entry. On 21 October 2010, while
serving in paygrade E-2, you were so separated and assigned an RE-8
reenlistment code
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as your
youth and desire to have your reenlistment code and narrative reason
for separation changed so that you may reenlist. Nevertheless, the
Board concluded these factors were not sufficient to warrant relief in
your case. The Board: concluded that your temporary medical condition
and failure to complete recruit training were sufficient to support
the assignment of an RE-8 reenlistment code. Further, such a code is
authorized by regulatory guidance and normally assigned to Sailors who
are serving in paygrade E-2, have not completed a full term of
enlistment, and are separated due to a temporary medical condition
such as that in your case. Finally, an RE-8 reenlistment code may not
prohibit reenlistment, but requires that a waiver be obtained from
recruiting personnel who are responsible for determining whether you
meet the requirements for reenlistment. Accordingly, your application
has been denied.
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,
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