DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 06953-10
27 April 2011
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 21 April
2011. 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.
You served on active duty in the Marine Corps from 28 July to 1 October
2008, when you were discharged by reason of fraudulent entry based
on your concealment of a pre-service history of asthma.
The Board concluded that the diagnosis of asthma that was made in
your case was substantiated by your pre-service use of several asthma
medications before you enlisted, as well as your admission to naval
medical authorities. The Board noted that you completed a Report
of Medical History on 11 January 2008 in which you falsely denied
that you had ever been prescribed or used an inhaler. The fact that
the pulmonary function testing you underwent several months after
you were discharged did not substantiate a diagnosis of “active
asthma” was considered insufficient to demonstrate that you never
suffered from asthma, or that your enlistment was not fraudulent.
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
1s on the applicant to demonstrate the existence of probable material
error or injustice.
Sincerely,
Ly.
W. DEAN PFEIVF
Executive Dikec
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