DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
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Docket No: 444-11
18 October 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 12 October 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
consistéd 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.
You enlisted in the Navy and entered active duty on 22 March
2010. During recruit training, the osteoarthritis of your
ankle was found to be a condition not correctible to meet Navy
standards. This condition existed prior to your enlistment.
You were then processed for administrative separation due to
erroneous entry. On 29 June 2010, you received an
uncharacterized entry level separation due to erroneous entry,
and were assigned an RE-3E (eligible to reenlist with waiver)
reentry code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, current
desire to upgrade your reentry code, and medical evidence
submitted with your application. However, the Board concluded
that your RE-3E reentry code should not be changed due to your
failure to disclose your osteoarthritis in your ankle during
enlistment processing and non-completion of recruit training.
The Board believed that you were fortunate to receive a
waivable RE-3E reentry code, because Sailors normally receive
an RE-4 (not recommended for reenlistment) reentry code when
they are administratively separated for erroneous entry. The
Board suggested that you continue to pursue a waiver to
reenlist through prior service recruiting personnel. You are
advised that no reentry code is changed due merely to the
passage of time or post service good conduct. In view of the
above, 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 entitied 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,
. DEAN P
Executive Director
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