DEPARTMENT OF THE NAVY
                     BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O-51OO

SMW
Docket No: 9605-06
15 March 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 14 March 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.

On 17 August 2000 you enlisted in the Navy at age 18. Prior to enlistment, you received a physical examination in which you indicated that you had never fainted, passed out or been unconsciousness. On 22 August 2000, while at recruit training, you were treated in the emergency room due to a syncope episode. On 25 August 2000 you completed a dental examination medical history form in which you disclosed that you had a history of seizures and fainting. On 28 August 2000 you received medical treatment again after passing out and it was noted that you had experienced fainting spells prior to enlistment. On
19 September 2000 you received a medical evaluation that diagnosed you with syncopal episodes, existing prior to enlistment. The evaluation report also noted that you had not requested a waiver for enlistment.

On 21 September 2000 your commanding officer (CO) recommended an entry level separation by reason of erroneous entry due to syncopal episodes. In connection with this processing, you acknowledged the separation action and declined to consult counsel or submit a written statement to the separation authority. On 27 September 2000 the separation authority approved your CO’s recommendation and directed an entry-level separation by reason of erroneous entry. On 11 October 2000 you were so discharged and assigned an RE-4 reenlistment code, which means that you are neither eligible nor recommended for reenlistment.

Regulations authorize the assignment of an RE-4 reenlistment code when an individual is discharged due to erroneous entry. This code is often assigned when an individual is diagnosed with a pre-existing condition such as syncopal episodes, and the individual fails to disclose the condition during the preenlistment physical examination. 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.

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.

The Board noted that the DD Form 214 (Certificate of Release or Discharge From Active Duty) issued to you on 11 September 2000 has errors that may be corrected administratively, specifically, blocks 26 and 28 should indicate an erroneous entry. You may contact the Department of the Navy, Navy Personnel Command (BUPERS), Sailor Assistance Center, code Pers-312F, 5720 Integrity Drive, Millington, TN 38055-3120 to request administrative corrections be made on your DD Form 214.

	
Sincerely,

W. DEAN PFEIFFER
Executive Director

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