DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No:  9948-18               
Ref: Signature date 

This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was 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 19 August 2019.  The names and votes of the members of the panel 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 this 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, as well as applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active duty on 21 February 2012.  On 22 February 2012, you attended a “moment of truth” briefing–during which you detailed a history of migraine headaches not previously disclosed during entrance processing, but were allowed to remain in recruit training.  On 7 June 2012, you were diagnosed with status migraine headaches, a condition that is not correctable to meet Navy standards.  Subsequently, administrative discharge action was initiated an erroneous enlistment by reason of failed medical or physical procurement standards.  You received an uncharacterized (entry-level) discharge on 19 July 2012. 

The Board carefully weighed all potentially mitigating factors, such as your request to upgrade your reentry code and assertions that you should not have been separated or given a bad reentry code because you were honest with the Navy.  The Board concluded these factors and assertions were insufficient to warrant a change to your discharge given your medical condition, in that you are not physically qualified for military service. Your commanding officer had discretion to not recommend your re-entry with the RE-4 re-entry code. In the absence of substantial evidence to the contrary, the Board presumed that your commanding officer properly discharged their official duties.  The Board noted the possibility of a reentry code waiver should your medical condition improve. 

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 the 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, 

11/7/2019