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NAVY | BCNR | CY2011 | 01335-11
Original file (01335-11.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BIG
Docket No:1335-11
3 November 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 1 November 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 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 and entered
active duty on 8 July 1997. On 6 December 2004 and 12 August
2005, you went before a Physical Evaluation Board for
Cochleovestibular Meniere’s disease. Ultimately, you were
found medically unqualified and unsuitable for operational
duty. On 14 March 2006, you received a general under honorable
conditions discharge due to a condition (not a disability), and
were assigned an RE-4 (not recommended for retention) reentry
code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth,
honorable service, and desire to reenlist in the armed forces.
However, the Board concluded that your reentry code should not
be changed because of your diagnosed condition. 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.

You are advised that since your discharge is less than 15 years
old, you may apply to the Naval Discharge Review Board (NDRB)
for a possible upgrade. I have included NDRB's application for
your convenience.

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,

Vp WDa Reale

W. DEAN PFRIF
Executive Director

Enclosure

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