DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY ANNEX
WASHINGTON DC 203704100
ELP
Docket No. 8374-98
16 April 1999
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 14 April 1999.
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
Your allegations of error and
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
In the Report of Medical History you filled out upon enlisting
in the Delayed Entry Program in September 1996 you stated that
you had never been treated for asthma.
Marine Corps on 1 July 1997 for four years.
You enlisted in the
On 4 July 1997, you were referred to the medical clinic with
complaints of asthma.
had ever been told that you had asthma.
advised approximately three years ago, and had been treated with
A pulmonary function test on 8 July 1997 confirmed
medication.
the diagnosis of asthma.
The following day you were asked if you
You said you were so
On 10 July 1997, you were notified that you were being considered
for an entry level separation by reason of defective enlistment
and induction due to erroneous enlistment as evidenced by asthma.
You were advised of your procedural rights and waived those
On 16 July 1997, you received an uncharacterized entry
rights.
level separation by reason of erroneous entry and were assigned
an RE-4 reenlistment code.
Regulations authorize the assignment of an RE-4 reenlistment code
to individuals discharged by reason of erroneous enlistment.
Board noted that had you disclosed that you had been treated for
it is unlikely that you would have
asthma prior to enlistment,
been enlisted.
without a review of the civilian medical records which documented
your treatment.
statement submitted in support of your application to the effect
However, the Board concluded that
Such action certainly would not have occurred
The Board specifically noted the doctor's
The
that you do not have asthma.
this does not outweigh your admission in recruit training that
The
you suffered from asthma and received treatment for it.
Board notes that you could have been discharged for a fraudulent
enlistment due to your failure to disclose this information.
Board concluded that the reenlistment code was proper and no
Accordingly, your application has been
change is warranted.
denied.
furnished upon request.
The names and votes of the members of the panel will be
The
It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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
NAVY | BCNR | CY2001 | 07584-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 November 2001. Documentary material considered by the Board After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice. You denied a history of asthma and shortness of breath, but disclosed that you had been treated for pneumonia.
NAVY | BCNR | CY2009 | 10757-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 July 2010. The Board noted that applicable regulations require the assignment of an RE-4 reenlistment code to individuals who are separated due to a medical condition that existed prior to entry into the service. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2004 | 02989-04
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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.The Board found that you underwent a pre-separation physical examination on 10 November 1999. You...
ARMY | BCMR | CY2004 | 20040006217C070208
The board noted that the applicant's childhood medical records contained no documentation of any medical treatment during the year 1999 or any diagnosis of asthma; however, it also noted that he had enrolled in the university in 1999, explaining the absence of [childhood] medical records from 1999 to the present. Whether the doctor got the information from the applicant's records or from the applicant himself, the board stated that the doctor's statements indicated the applicant had...
NAVY | BCNR | CY2008 | 03536-08
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TUR Docket No: 3536-08 25 February 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW NAVAL RECORD OF Ref: (a) 10 U.S.C. Pursuant to the provisions of reference (a), Petitioner, an enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting that his uncharacterized entry level separation and fraudulent entry narrative...
NAVY | BCNR | CY2000 | 07679-00
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting, in effect, that his naval record be corrected to show a reason for discharge other than fraudulent enlistment. Accordingly, the Board recommends that Petitioner’s reason for separation be changed to erroneous enlistment instead of fraudulent enlistment. In view of the foregoing, the Board finds the existence of an injustice warranting the...
NAVY | BCNR | CY2002 | 07445-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 January 2002. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2002 | 02904-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive un 3 October 2002. After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice. 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.
NAVY | BCNR | CY2006 | 09605-06
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.On 17 August 2000 you enlisted in the Navy at age 18. On 19 September 2000 you received a medical...
NAVY | BCNR | CY2001 | 05535-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 December 2001. In addition, the Board considered the advisory opinion furnished by the Specialty Advisor for Pulmonary Medicine dated 6 September 2001, a copy of which is attached. The information provided in the physical examination and medical record is not sufficient to conclusively establish the diagnosis of asthma in this patient, however it does appear...