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NAVY | BCNR | CY2011 | 03752-11
Original file (03752-11.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS --

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

suoN
Docket No: 03752-11
27 January 2012

 

ae

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.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 24 January 2012. 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 and began a period of active duty on
17 July 2007. The Board found that on 23 August 2007, you were
diagnosed with asthma that had existed prior to your entry into
the service. Subsequently, you were discharged with an entry
level separation by reason of erroneous enlistment on

"13° Septembé¥ 2007. At that time, you were assigned a RE-4 ~~

reentry code.

The Board noted that applicable regulations require the
assignment of an RE-4 reentry code to individuals who are
separated due to erroneous enlistment based on medical
conditions that existed prior to entry into the service. The
Board thus concluded that there is no error or injustice in your
reentry code. 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 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,

\ Wan !
W. DEAN PFE
Executive Daye

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