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

                          JRE
Docket No. 07964-06
2 February 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.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 February 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.

The Board found that you underwent a pre-enlistment physical examination on 9 February 2005. Although you disclosed that you had undergone LASIK surgery several years earlier, and received a waiver for that disqualifying medical history, you did not disclose that you had undergone another surgical procedure in which you received intra-ocular lens implants. You enlisted in the Navy on 26 September 2005 and served until 14 October 2005, when you were discharged by reason of failing to meet the minimum physical standards for enlistment because of the removal of your natural ocular lenses, and the implantation of artificial lenses.
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You were assigned a reentry code of RE-4, which is the only code authorized for a Sailor discharged for failing to meet physical standards for enlistment. As the Board was not persuaded that you were discharged in error, or that the interests of justice demand that you be assigned a reentry code more favorable than RE-4, it was unable to recommend any corrective action in your case. 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,

ROBERT D. ZSALMAN
Acting Executive Director

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