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NAVY | BCNR | CY2003 | 03818-03
Original file (03818-03.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX    
WASHINGTON DC 20370-5100




         JRE
         Docket No. 03818-03
         28 August 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 28 August 2003. 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 enlisted in the Navy on 21 March 2002. It appears that your discharge was fraudulent, in that you concealed your extensive pre-service history of treatment for asthma that would have disqualified you from enlisting had you disclosed it. Shortly after you entered on active duty, you began to experience pulmonary symptoms, and disclosed your history of asthma. You were discharged from the Navy on 23 April 2002, by reason of your failure to meet minimum physical and medical standards for enlistment. You were assigned a reentry code of RE-4, as required by governing directives.
The Board noted that your reentry code was properly assigned, and concluded that in view of your disqualifying condition, and the fraudulent nature of your enlistment, with the attendant waste of valuable Navy resources, it would not be in the interest of justice for it to recommend any corrective action in your case. 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

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