DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
WASHINGTON DC 20370-510
0
S
JRE
Docket No: 2983-01
14 August 2001
Chairman, Board for Correction of Naval Records
Secretary of the Navy
REVIEW OF NAVAL RECORD
--
,
(4
(1)
(2)
(3)
10 U.S.C. 1552
DD Form 149
Capt K.C.
Subject’s naval record
O’Neil ltr 2983-01, 3 Aug 01
From:
To:
Subj:
Ref:
Encl:
1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner,
filed enclosure (1) with this Board requesting, in effect, that her naval record be corrected to
show that she was assigned a reenlistment code which will permit her to reenlist without
having to obtain a waiver of disqualifying discharge.
2. The Board, consisting of Messrs. Bishop, Morgan and Shy, reviewed Petitioner’s
allegations of error and injustice on 9 August 2001 and, pursuant to its regulations,
determined that the corrective action indicated below should be taken on the available
evidence of record. Documentary material considered by the Board consisted of the
enclosures, naval records, and applicable statutes, regulations and policies.
3. The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations
of error and injustice finds as follows:
a. Before applying to this Board, Petitioner exhausted all administrative remedies
available under existing law and regulations within the Department of the Navy.
b. Enclosure (1) was filed in a timely manner.
C.
In correspondence attached as enclosure
(2), the Specialty Leader for Pulmonary
Medicine advised the Board, in effect, that the record does not conclusively establish whether
or not Petitioner has asthma.
support the diagnosis of asthma, and there is another explanation for the abnormal test results
she had while in the Navy. He recommended that her request be granted.
In his opinion, the available information does not adequately
CONCLUSION:
The Board notes that Petitioner bears the burden of proving that she did not suffer from
asthma during her enlistment, and that her reenlistment code is therefore erroneous. It
concludes that the available evidence concerning the nature of the respiratory condition which
resulted in her discharge is equivocal; however, in view of the contents of enclosure
Board concludes that it would be in the interest of justice to resolve doubt in Petitioner
favor. Accordingly, it finds the existence of an injustice warranting the following corrective
action.
(2), the
’s
RECOMMENDATION:
a. That Petitioner ’s naval record be corrected to show that, as an exception to policy,
she was assigned a reenlistment code of RE-1 when discharged from the Navy on 14 March
2ooo.
b. That a copy of this Report of Proceedings be filed in Petitioner
’s naval record.
4. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval
Records (32 Code of Federal Regulations, Section 723.6(c)) it is certified that a quorum was
present at the Board ’s review and deliberations, and that the foregoing is a true and complete
record of the Board ’s proceedings in the above entitled matter.
ROBERT D. ZSALMAN
Recorder
5. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures
of the Board for correction of Naval Records (32 Code of Federal Regulations, Section
723.6(e)) and having assured compliance with its provisions, it is hereby announced that the
foregoing corrective action, taken under the authority of reference (a), has been approved by
the Board on behalf of the Secretary of the Navy.
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