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NAVY | BCNR | CY2014 | NR4120 14
Original file (NR4120 14.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

TAL
Docket No: 4120-14
99 April 2015

 

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. The application was filed in a timely

manner.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 8 April 2015. 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

13 June 2012. On 14 June 2012, you were the subject of a medical
evaluation where you disclosed your history of asthma since age
10. Subsequently, you were notified of pending administrative
separation by reason of entry level separation due to erroneous
enlistment. On 27 June 2012, your commanding officer directed an
entry level separation due to erroneous entry and at that time

—t

you were assigned a waiverable RE-3E reentry code.

 

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to change your reentry code. Nevertheless, the Board
found that these factors were not sufficient to warrant a change
in your reentry code. An RE-3E reentry code is the most
appropriate code and 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 within one year from the date of the Board’s decision.
New evidence is evidence not previously considered by the Board
prior to making its decision in your case. In this regard, it Ls
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,

ROBERT J. O’NEILL
Executive Director

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