DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 11539-09
4 February 2010
a
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. January 2010. 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. In this regard, the Board found that you
were discharged based on clinical observation of your difficulty
breathing and your disclosure of a significant pre-service
history of asthma that required you to undergo nebulizer
treatments. It was apparent to the Board that one of two things
occurred in your case: you lied about your medical history in
order to procure a discharge, or you lied about it in your
application in order to facilitate your reentry into the Armed
Forces. The Board concluded that it would not be in the interest
of justice in either case to remove the diagnosis of asthma from
your record, or to assign you a more favorable reentry code.
Accordingly, your application has been denied. The names and
o
votes of the members of the panei 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,
ena.
W. DEAN PFET
Executive Dirasdt
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