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NAVY | BCNR | CY2003 | 00085-03
Original file (00085-03.doc) Auto-classification: Denied


                           DEPARTMENT OF THE NAVY
                    BOARD FOR CORRECTION OF NAVAL RECORDS
                                2 NAVY ANNEX
                          WASHINGTON DC 20370-5100
                                                        JRE
                                                        Docket No: 85-03
                                                        24 February 2003












     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. 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 Navy on 14 December
     2001 based on your pre-service history of asthma, and resulting
     inability to successfully perform military duty. It rejected your
     unsubstantiated contention to the effect that your difficulties with
     training were secondary to your lack of physical conditioning and
     preparation for basic training, rather than your asthma. 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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