DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 JRE
Docket No. 01543-09
5 June 2009
This is in reference to your application for correction of your
haval 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 29 May 2009. 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 Marine
Corps from 23 January to 15 February 2008, when you were
discharged by reason of fraudulent entry because of your failure
to disclose your disqualifying pre-service history of asthma.
You were assigned a reentry code of RE-3P.
The Board did not accept your contention to the effect that you
did not suffer from asthma before you enlisted. In this regard,
the Board found that you signed a “Voluntary Medical Statement”
on 31 January 2008 in which you disclosed that you had failed to
mention your pre-service history of asthma when you applied for
enlistment. In addition, you mother was contacted on or about
that date and verified that you had suffered from asthma while
in high school and been treated with albuterol, a prescription
bronchodilator.
As you have not demonstrated that you should have received a
more favorable reentry code than RE-3P, and as you were
fortunate to have received that code rather than the more
appropriate code of RE-4, the Board was unable to recommend
corrective action in your case. 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.
You may request that the Naval Discharge Review Board (NDRB)
review the basis for your separation by completing the enclosed
DD Form 293 and submitting it to the NDRB.
Sincerely,
W. DEAN PFET
Executive Dik
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