DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
CRS
Docket No: 12555-09
28 July 2010
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 July 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.
Biter 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 18 June 2009.
On 8 July 2009 you were diagnosed with asthma and other allergies
that would have disqualified you from enlisting had you disclosed
their existence when you were applying for enlistment. You
reported that you had used an inhaler up to the age of 14. - You
submitted a medical record dated 17 May 2006 which indicates that
you had been proscribed inhaled medication normally prescribed
for the treatment of asthma and chronic pulmonary disease. On 24
July 2009 you received an entry level separation by reason of
fraudulent entry and were assigned a reentry code of RE-4, as
required by governing directives.
The Board concluded that your present reentry code was properly
assigned. It was not persuaded that it would be in the interest
of justice to assign you a more favorable reentry code as an
exception to policy. 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,
ye Q SS:
ROBERT D.~4SALMAN
Acting Executive Director
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