DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF t:'AVAL RECORDS .701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 7200-15 MAY 1 01016 This is in r eference to your application for correction of your naval record pursuant to the provisions of· 10 USC 1552. Your case was reconsidered in accordance with procedures that conform to Li psman v. Secretary of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004). You were previously denied r elief by the Board on 1 March 2012. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15. April 2015. Your allegations of error and injustice were reviewed in accordance with _administrative regulations and procedures applicable to the proceedings of this Board. Documenta.ry material considered by the Board consisted of· your application, together with all material submitted in support t hereof, your naval record and applicable statutes, regulations and policies. A review of your record shows· that you entered active duty wi th the Navy on 27 November 1967. On 11 January 1968, you were admitted to sick call due to difficulty with your acne condition; a condition that you admitted to medical personnel existed since you were 16 years old. You were diagnosed with Acne ,Vulgaris and referred to medical board that det ermined, on 17 January 1968, that you did not meet the physical requirements-for enlistment·and should.be discharged. On 19 January 1968, you were discharged due to erroneous enlistment after you acknowledged the f i ndings of the medical board. The Board carefully considered your arguments that you deserve a disability discharge. You contend that the medical· board wrongfully marked your case for err oneous enlistment instead of a physical disability since you were .discha.rged due to a physical disability. Unfortunately, the ;Board disagre·ea with your rationale for reli e f . First, the Boa.rd ·concl uded you were properl y processed for .an erroneous enlistment since your physical disability pre-existed your entry into the Navy and·precluded you from performing your duties. · The medical board properly concluded that you woul d .not have been enlisted in the Navy if the severity of your condition had been known at the time of your erili·stment. Since you were unable to perform your training after approximately 45 days .due to your pre-existing acne condition, the Board agreed with the findings of the medical -board regarding your erroneous enlistment. · Second, the Board determined that your medical board report was properl y annotated in Box 17 for an erroneous enlistment disposition vice physical disability. Despite the fact you were found to have a disquali fying ·physical disability, the proper disposition o_f your case was for an erroneous enlistment discharge as explained above. Therefore, the Board decided that the NAVMED 6100 was correctly filled out by the medical board. Accordingly, your request has been denied. The names and votes of the members of the panel will be furnished upon request. It is regrettable that the circumstances of your· case are such that the Board will not :process any additional . reviews and this matter is considered a final action. However, if you wish to continue to seek relief you will. need to present your concerns to a federal court of appropriate jurisdiction. . Sincerely, Executive Director 2