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NAVY | BCNR | CY2007 | 08100-07
Original file (08100-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O-5100




                                                      J RE
                                                                                  Docket No. 08100-07
                                                                                 22 October 2007





This is in reference to your application for correction of your son’s 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 12 October 2007. 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 son’s 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 son served in the Marine Corps from 11 July to 1 August 2000, when he was discharged by reason of fraudulent entry into the military service. Available records indicate that his discharge was based on his admission of a previously concealed, disqualifying history of asthma. The Board did not accept your unsubstantiated contention to the effect that your son was coerced into falsely admitting that history. The Board concluded that the evidence you submitted does not demonstrate that your son was misdiagnosed as suffering from asthma, or that he was unfit for service by reason of physical disability at the time of his separation. It should be noted that while allergic reactions such as those experienced by your son while on active duty may result in administrative separation, they are not considered to be disabilities under the laws administered by the military departments.




In view of the foregoing, 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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