DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O-5100

				TJR
										Docket No: 11312-06 
										31 October 2007

This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, 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 31 October 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 1 October 2003 at age 18 and served without disciplinary incident.

During the period from 5 to 15 January 2004, you were medically evaluated on three occasions after complaining of chest pains that existed prior to your enlistment. On 5 March 2004 you were again evaluated for chest pains. However, the medical report stated, in part, that there was no basis for your complaints and you were found fit for duty. At that time you were recommended for an administrative separation if you were unable to perform your duties because of your complaints of chest pains. As a result of your complaints of anterior chest wall pain, you did not meet the minimum physical standards for enlistment, and as such, were not physically qualified for military service since your condition prevented you from performing your expected duties and responsibilities

Subsequently, on 2 April 2004, you were notified of pending administrative separation action by reason of erroneous enlistment due to anterior chest wall pain. At that time you
waived your right to consult with legal counsel and to submit a statement in rebuttal to the discharge action. On 7 April 2004 the discharge authority directed discharge under honorable conditions by reason of erroneous entry, and on 8 April 2004 you were so separated from the Navy and were assigned an RE-4 reenlistment code.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and desire to again serve on active duty. Nevertheless, the Board concluded these factors were not sufficient to warrant a change in the reenlistment code because of your medical condition and your failure to meet physical standards for enlistment. Finally, an RE-4 reenlistment code is authorized when a Sailor is separated by reason of erroneous entry as a result of being physically unqualified for military service. 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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