DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
	WASHINGTON DC 20370-5100	

		JRE
		Docket No. 02892-03
		26 August 2003

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 21 August 2003. 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 underwent a pre-enlistment physical examination on 26 January 2000. You completed a Report of Medical History on that date in which you denied having a history of any significant illness, injuries or medical conditions. You enlisted in the Navy on 13 September 2000, and served until 4 December 2000, when you were discharged for failing to meet medical standards for enlistment because of hyperlipidemia and a history of myopathy, which you concealed when you were being processed for enlistment. You were assigned a reentry code of RE-4, as required by governing directives. 

The Board concluded that you were properly assigned a reentry code of RE-4, based on your  history of a disqualifying medical condition. The Board was not inclined to take any action that might facilitate your reenlistment in the Armed Forces, especially in view of the fraudulent nature of your enlistment. 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,

W. DEAN PFEIFFER
Executive Director