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

						 TRG
						 Docket No: 5427-06
 	 5 December 2007

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.

 Three-member panel of the Board for Correction of Naval Records, sitting in executive session, consideration your application on 4 December 2007. 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.

On 20 December 2002 you were found physically qualified for enlistment in the Navy. Subsequently, on 22 July 2003, you enlisted in the Navy at age 33. You then served without incident for several years. Beginning on 8 August 2005 you were diagnosed with several physical and mental problems, such as exercise induced compartment syndrome, hernia, depression, anxiety-stress disorder, and hypertension. On 26 January 2006 you were found not to be qualified for sea duty. The medical entry made at that time, notes that you had refused surgery to repair the hernia and treatment for your other ailments. Consequently, you were recommended for an administrative discharge.

The discharge processing package is not filed in your record. However, the separation physical found that you were physically qualified for discharge and includes the statement that you did not have any medical condition that disqualified you for the performance of your duties or warranted a disability evaluation. On 31 March 2006 you received a general discharge with a narrative reason for discharge of “condition not a disability”. At that time, you were not recommended for reenlistment and were assigned an RE-4 reenlistment code. Additionally, you were paid separation pay of $2,796.97.
After discharge you were found to have a service connected disability for depression and several other ailments by the Department of Veterans Affairs (DVA).

The Board is aware that the Department of the Navy and the DVA operate under different laws and regulations and often reach differing conclusions as to the severity of an illness. Further, your condition may have worsened after your discharge. Additionally, you refused treatment by the Navy. Therefore, the Board could not conclude that your discharge by reason of “condition not a disability” was in error.

Regulations allow for the assignment of an RE-4 reenlistment code when an individual is discharged with your reason for discharge. Since you have been treated no differently than others in your situation, the Board could not find an error or injustice in the assignment of the RE-4 reenlistment code.

Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.

Concerning your request to change the general discharge to honorable, you are required to have your case heard by the Naval Discharge Review Board (NDRB) before that issue can be considered by this Board. Therefore, I am enclosing an application, DD Form 293, which is used to petition the NDRB.

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