DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
NAVY
ANNEX
2
WASHINGTON DC 20370-5100
\
JRE
Docket No. 04871-03
8 September 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 5 September 2003.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
of your application, together with all material submitted in
support thereof, your naval record and applicable statutes,
regulations and policies.
Documentary material considered by the Board consisted
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.
The Board found that you enlisted in the Navy on 1 July 1999.
You began to complain of pulmonary symptoms shortly thereafter,
which resulted in your being evaluated in a pulmonary clinic.
Although your pulmonary function test results were within normal
limits, and you showed no significant hypersensitivity to
methacholine, you were diagnosed as suffering from subjective
asthma, based on your reports and clinical symptoms.
not want to remain in the Navy or request a waiver of physical
standards for enlistment, you were discharged by reason of your
failure to meet medical/physical standards for enlistment, and
were assigned a reentry code of RE-4,
directives.
as required by governing
As you did
The Board was not persuaded that the diagnosis that resulted in
your discharge was erroneous.
As noted above, the diagnosis was
based in large part on your subjective complaints.
In addition,
you forfeited the right to request a waiver of physical
standards in order to remain on active duty, and you requested
to be discharged.
The fact that you did not display symptoms of
asthma when examined almost four years after you were discharged
was considered insufficient to demonstrate that your separation
from the Navy was erroneous, or to warrant any corrective action
in your case.
The names and votes of the members of the panel will be
furnished upon request.
Accordingly, your application has been denied.
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
it is important to keep in mind that
the Board.
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.
You are entitled to have
In this regard,
Sincerely,
W. DEAN PFE
Executive Dire
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