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NAVY | BCNR | CY2005 | 09985-05
Original file (09985-05.rtf) Auto-classification: Approved

DEPARTMENT
OF THE NAVY
                   BOARD FOR CORRECTION OF NAVAL RECORDS
                           2 NAVY ANNEX
                  WASHINGTON DC 20370-5100
                 
                                                                        JRE
 Docket No. 9985-05
1 May 2006


From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy

Subj:    REVIEW OF NAVAL RECORD OF FORMER


Ref:     (a) 10 U.S.C. 1552

End:     (1) Subject’s naval record
1. Pursuant to the provisions of reference (a), Petitioner applied to this Board requesting that his naval record be corrected to show, in effect, that she was discharged from the Navy for a reason other than fraudulent or erroneous enlistment.
2. The Board, consisting of Messrs. reviewed Petitioner’s allegations of error and injustice on 10 March 2006 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. Petitioner’s application to the Board was filed in a timely manner.
c. Petitioner enlisted in the Navy on 10 August 2005. On 25 August 2005, she was evaluated at an asthma screening clinic and reported a longstanding history of shortness of breath and chest pain with minimal exertion. Upon completion of the evaluation, a diagnosis of asthma could not be established; however, she was recommended for entry level separation due to her history of chest pain. She was discharged by reason of fraudulent enlistment on 9 September 2005, for failing to disclose a history of asthma when applying for enlistment.


d. Petitioner contends, in effect, that she never suffered from asthma, and that her history of chest pain as reflected in her Navy record is exaggerated. She maintains that she had never run “...that much to know” that she had a breathing problem, and that the problem did not occur until she enlisted and began to exercise

CONCLUSION:

Upon review and consideration of all the evidence of record, the Board concludes that the available records are insufficient to show that Petitioner procured her enlistment fraudulently by failing to disclose a disqualifying history of chest pain. In addition, she was actually discharged for failing to disclose a history of asthma, even though she was not found to suffer from that condition. Accordingly, the Board concludes that it would be in the interest of justice to correct Petitioner’s record to show that she was discharged for the best interest of the service; however, it was not persuaded that it would be in the interest of justice to assign her a more favorable reentry code than RE-4.

RECOMMENDATION:

a. That Petitioner’s naval record be corrected to show that she was discharged on 9 September 2005 by reason of the best interest of the service.

b. That so much of her request for corrective action as exceeds the foregoing be denied.

c. That a copy of this Report of Proceedings be filed in Petitioner’s naval record.

4. 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                                   JAMES R. EXNICIOS
Recorder                                    Acting Recorder
5. Pursuant to the delegation of authority set out in Section Se of the Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6[e]), and having ensured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the provisions of reference (a), has been approved by the Board on behalf of the Secretary of the Navy.



W. DEAN PFEIFFER

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