Search Decisions

Decision Text

NAVY | BCNR | CY2006 | 07926-06
Original file (07926-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 JRE
 Docket No. 07926-06
10 October 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 28 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 21 October to 21 November 2002, when you were discharged by reason of fraudulent entry based on your failure to disclose your history of asthma. Your contention to the effect that you falsely claimed to have a history of asthma in order to be sent home to take care of your pregnant girlfriend was considered insufficient to warrant any corrective action in your case. It was clear to the Board that you concealed a disqualifying history of asthma in order to fraudulently procure your enlistment, or that you concocted a history of asthma in order to fraudulently procure your discharge. A reentry code of RE-4 would be proper in either case. The Board concluded that it would not be in the interest of justice for it to take any action that might facilitate your reentry into the Armed Forces. 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 Direct or

Similar Decisions

  • NAVY | BCNR | CY2006 | 02176-06

    Original file (02176-06.rtf) Auto-classification: Denied

    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. In addition, the Board concluded that either you concealed your history of asthma in order to fraudulently procure your enlistment, or that you concocted a history of asthma in order to fraudulently procured your discharge. Consequently, when applying for a correction of an official naval...

  • NAVY | BCNR | CY2008 | 12336-08

    Original file (12336-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 April 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2008 | 07572-08

    Original file (07572-08.pdf) Auto-classification: Denied

    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. The Board concluded that it would not be in the interest of justice to assign you a more favorable reentry code. 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.

  • NAVY | BCNR | CY2010 | 01148-10

    Original file (01148-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 May 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2006 | 08425-06

    Original file (08425-06.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. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, to include the statement of an Armyrecruiter, 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...

  • NAVY | BCNR | CY2003 | 03818-03

    Original file (03818-03.rtf) Auto-classification: Denied

    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...

  • NAVY | BCNR | CY2006 | 05050-06

    Original file (05050-06.rtf) Auto-classification: Denied

    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. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the...

  • NAVY | BCNR | CY2010 | 06953-10

    Original file (06953-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 April 2011. 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. Consequently, when applying for a correction of an official naval record, the burden 1s on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2008 | 09159-08

    Original file (09159-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 October 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2011 | 01825-11

    Original file (01825-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 March 2011. On 13 October 1995 you were given a diagnosis of asthma, which was considered disqualifying for enlistment and not correctable to meet Navy standards. Consequently, when applying for a correction of an official naval trecord, the burden ig on the applicant to demonstrate the pexistence of probq@ble material error or injustice.