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NAVY | BCNR | CY2007 | 04604-07
Original file (04604-07.rtf) Auto-classification: Denied
TJR
Docket No: 4604-07
2 April 2008




This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, United States Code, Section 1552.

A three- memb er panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 April 2008. 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.

You enlisted in the Marine Corps on 23 March 2003 at age 21. On 12 August 2003 you were referred for a medical evaluation due to a moderate obstruction that existed prior to your enlistment. After undergoing medical examinations for numerous medical complaints and prolonged periods of light duty, you were diagnosed with exercise induced asthma and were recommended for an administrative separation.

Subsequently, you were administratively processed for separation. The discharge authority directed an uncharacterized entry level separation by reason of convenience of the government due to a physical condition-not a disability as evidenced by the diagnosed asthma. At this time you were not recommended for retention. On 7 October 2003 you received an uncharacterized entry level separation by reason of a condition-not a disability and were assigned an RE-3P reenlistment code.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and disability rating. Nevertheless, the Board concluded these factors were not sufficient to warrant a change in the narrative reason for separation, reenlistment code, or characterization of service because of your failure to complete basic training due to your diagnosed asthma which existed prior to enlistment. 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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