DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
 
Docket No: 4126-20 
Ref: Signature Date 
 
            
Dear  
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 3 March 2021.  The names and votes of the panel members will be furnished upon request.  Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of the Board.  Documentary material considered by the Board consisted of your application together with all material submitted in support thereof, relevant portions of your naval record, and applicable statutes, regulations, and policies, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Navy on 27 February 2013.  According to the information in the record.  On 26 November 2012, you received a general enlistment accession waiver due to not meeting established physical standards due to a history of ADHD with a psych evaluation noting it was resolved, cyst on left testicle that was resolved, and a single episode of a migraine headache caused by the ADHD medication.  According to your statement on your DD Form 149, on  
8 March 2013, you became very ill with a URI and bronchitis with dehydration.  You were treated with IV and oral antibiotics, Robitussin DM, and Claritin for 10 days.  As a result, you received a medical evaluation and were diagnosed with mild pectus excavator.  
 
Although the Board lacked your entire service record, the Board relied on a presumption of regularity that you were notified of the recommendation that you be discharged by reason of erroneous entry and assigned an RE-8 reentry code.  After you waived your procedural rights, your commanding officer (CO) recommended an uncharacterized characterization of service due to erroneous entry.  The discharge authority approved this recommendation, directed an uncharacterized characterization of service, and assigned you an RE-8 reentry code.  On 5 April 2013, you were discharged.  As stated previously, the Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to rebut the presumption, to include evidence submitted by the Petitioner, the Board presumes that you were properly discharged from the Navy. 

The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo.  These included, but were not limited to, your desire to change your RE-8 reentry code and your contentions that after receiving an examination, you were inappropriately told that your mild pectus excavator was your own problem and you were still recovering from an URI with bronchitis, which could have taken six weeks to resolve.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your incomplete service record, failure to provide documentation to support your contentions, and pectus excavator diagnosis outweighed these mitigating factors.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief. 

In regard to your contentions that after receiving an examination, you were inappropriately told that your mild pectus excavator was your own problem and you were still recovering from an URI with bronchitis, which could have taken six weeks to resolve.  The Board noted that there is no evidence in your record, and you submitted none, to support your contentions.  The Board also noted that this code does not automatically bar reenlistment, but requires that a waiver be obtained.   

You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or 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, 

Executive Director