DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
JRE
Docket No:
7 January 2002
7445-01
This is in reference to your application for correction of your naval record pursuant to the
provisions of title 10 of the 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 3 January 2002. 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, 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 were discharged from the Army in 1998, with an entry level
separation, because of exercise induced asthma. On 21 June 1999, the Bureau of Medicine
and Surgery
(BUMED) recommended that you not be granted a waiver of that condition in
order to enlist in the Navy. Notwithstanding that recommendation, you enlisted in the Navy
on 16 September 1999, based on your failure to
on 5 August 1999. You were discharged
meet medical/physical procurement standards, based on your complaints of headaches and
disclosure of a previously concealed pre-service history of migraine headaches. The Board
concluded that had you disclosed that history during your enlistment processing, you would
not have been permitted to enlist.
It was not persuaded that your reenlistment code is
erroneous, or that it would be in the interest of justice to correct your record in such a
manner as to facilitate your reenlistment in the armed forces. Accordingly, your application
has been denied. The names and votes of the members of the panel will be furnished upon
request.
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
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
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