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NAVY | BCNR | CY2006 | 05050-06
Original file (05050-06.rtf) Auto-classification: Denied
                           DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


                                                               JRE
                                                                                          Docket No:05050-06
                                                                                          26 September 2006



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 21 September 2006. 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 served on active duty in the Navy from 27 September to 3 December 2004, when you were discharged by reason of fraudulent entry, based on your concealment of your history of asthma. The Board rejected you unsubstantiated contention to the effect that you disclosed that history to your recruiters, and that they altered your enlistment documents to show that you did not have 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 PFIEFFER
Executive Director

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