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

	JRE
Docket No. 05027-06
13 November 2006

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 8 September 2006. 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 served on active duty in the Marine Corps from 23 July 2001 to 29 May 2002, when you were discharged because of testaglia (testicle pain), a condition, not a disability, that interfered with your performance of duty. You were assigned a reentry code of RE-3P, to indicate that you require a waiver of that condition in order to become eligible for reenlistment.

You were not separated or discharged by reason of physical disability because the condition was not severe enough to render you unfit for duty by reason of physical disability. Even if the condition had been considered unfitting, you would not have been entitled to disability benefits administered by the Department of the Navy, because it existed prior to your i1 and did not increase in severity beyond normal progression during 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,