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NAVY | BCNR | CY2006 | 06192-06
Original file (06192-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5 00
JRE
                                                                                          Docket No. 06192-06
                                                                                          22 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 14 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 7 December 1985 to 9 August 1988, when you were discharged by reason of physical disability because you suffered from asthma. You were assigned a reenlistment code of RE-3G at that time to indicate that you require a waiver of physical disqualification in order to become eligible to reenlist.
The Board carefully considered your contention to the effect that as you no longer suffer from asthma, you reenlistment code should be amended, but found it insufficient to demonstrate that error or injustice occurred in your case. The Board concluded that there is no basis for changing your reenlistment code, which was properly assigned. It noted that even if you the code were to be changed to RE-I, you would still have to disclose your history of asthma and obtain a waiver of physical disqualification in order to be eligible for reenlistment. 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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