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

Docket No: 1274-19 

Dear : 

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 15 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, and applicable statutes, regulations, policies. 

You enlisted in the Navy and began a period of active duty on 19 May 2015.  On 7 July 2015, you were diagnosed with temporomandibular joint dysfunction, chronic subluxation with chronic facial pain.  Although the condition was potentially correctable with surgery, rehabilitation, and/or conditioning, you did not request a waiver.  Subsequently, you were notified of pending administrative separation action by reason of erroneous entry.  After you waived your procedural rights, the discharge authority directed an uncharacterized entry level separation due to erroneous enlistment.  On 22 July 2015, you were discharged and assigned a RE-8 (temporary medical condition or unsatisfactory initial performance and conduct) reentry code.  In this regard, you were assigned the authorized reentry code based on your circumstances. 

The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that “there was nothing wrong with me” when you joined the Navy.  The Board also considered the handwritten entry from your doctor in December 2015 stating you were “cleared to be enlisted and travel over sea for duty”.  The Board noted a RE-8 reentry code is authorized by regulatory guidance and may not prohibit reenlistment, but requires that a waiver be obtained.  Recruiting personnel are responsible for determining whether you meet the standards for reenlistment and whether or not a request for a waiver of your reentry code is feasible. In the end, the Board concluded you received the appropriate reentry code. 

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 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, 
9/20/2019