DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 4180-11
13 February 2012
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 7 February 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
preceedings 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.
Your record reflects that in April 2002 you enlisted in the Air
Force and were subsequently separated with an entry level
separation by reason of failed medical/physical procurement
Standards due to a shoulder injury. At that time you were
assigned an RE-4C reenlistment code. The record further reflects
evidence of surgery for the foregoing injury in September 1996.
Nonetheless, you enlisted in the Navy on 10 July 2008 at age 27,
began a period of active duty on 17 December 2008, and served
without disciplinary incident.
As a result of your complaints of shoulder pain, you were
referred for a medical evaluation due to the history of your
Shoulder injury and surgery. You were recommended for and
acknowledged an expeditious administrative separation due to this
physical condition that existed prior to your enlistment. You
were also advised that you were not recommended for retention and
were ineligible for reenlistment due to the shoulder injury and
history of repair.
Subsequently, you were administratively processed for separation
by reason of convenience of the government due to the diagnosed
physical condition that was not a disability. The discharge
authority directed your commanding officer to issue an
uncharacterized entry level separation and to assign an RE-4
reenlistment code, and on 2 February 2009, you were so separated.
The Board concluded that your nonrecommendation for retention,
ineligibility for reenlistment due to the pre-existing shoulder
injury, and the assignment of an RE-4 reenlistment code were
administratively and procedurally correct. 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,
WD Qooss
W. DEAN P
Executive Di
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Ara PAE ee uu ARLINGTON VA 22204-2490 Chairman, Board for Correction of Naval Records Secretary Of the Navy SE (a) Title 10 U.B.G.. 1552 (1) DD Form 14° w/attachments (2) Advisory Opinion (A/O) from Headquarters Marine Corps (HOMC) meme Traumatic Servicemembers’ Group Life Insurance (TSGLI) Co¢rdinator, Wounded Warrior Regiment of 16 Apr 2014 (3) Chronologi¢al Record of Medical Care of 24 Aug 2009 and Radiology j.esults ico fof 25 Apr 2009 Statement rom of 27 Apr 2014 Statement ‘rom of 25...