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

SMW
Docket No: 9607-06
1 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 28 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.

You enlisted in the Navy on 20 December 2000 at age 29 after being granted a medical waiver for excessive hearing loss. On 21 December 2000 you were counseled regarding your failure to disclose enlistment eligibility information, and warned that further deficiencies could result in an administrative discharge. On 17 January 2001 you reported to the medical clinic and stated that you had a pre-service history of seizures, and had two seizures since reporting for recruit training. On
5 February 2001 a medical evaluation diagnosed a seizure disorder and recommended discharge after concluding that the disorder was not correctable to meet Navy standards. The evaluation further noted that you had not received a medical waiver for this condition prior to enlistment.

On 8 February 2001 your commanding officer (CO) recommended an entry-level separation by reason of defective enlistment and induction due to erroneous enlistment. In connection with this
	processing, you declined to consult with qualified counsel or submit a written statement to the separation authority. On 9 February 2001 the separation authority approved your CO’s
recommendation and directed an entry-level separation by reason of defective enlistment and induction due to erroneous enlistment. On 15 February 2001 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 with an entry-level separation by reason of defective enlistment and induction due to erroneous enlistment. This code is often assigned if an individual fails to disclose pre-service medical problems or treatment. 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. In this regard, the Board noted the medical evaluations you submitted with your application, but concluded that they were insufficient to warrant a change in the 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.

Sincerely,

	W. DEAN PFEIFFER
                  Executive Director

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