DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
EGA
Docket No: 1210-14
23 March 2015
Dear
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 23 February 2015. The names and votes of the
members of the panel will be furnished upon request.
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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy and began a period of active duty on
25 October 2010. Shortly thereafter, you reported to medical
for treatment of chest pains, and stated that you had similar
chest pains prior to entry. On 3 November 2010, after
undergoing another medical screening, you were diagnosed with
asthma after reporting a history of this medical condition. At
that time, you were recommended for an administrative separation
due to the diagnosed asthma. Following a review of the medical
report, the commanding officer recommended separation with an
uncharacterized entry level separation by reason of fraudulent
entry as evidenced by your deliberate omission or concealment of
a condition, specifically, asthma, that existed prior to your
entry into the service.
Subsequently, after waiving your procedural rights, you were
administratively processed for separation by reason of
fraudulent entry due to diagnosed asthma. On 16 November 2010,
you were issued an uncharacterized entry level separation by
reason of fraudulent entry into military service, and assigned
an RE-8 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to change your narrative reason for separation.
Nevertheless, the Board concluded these factors were not
sufficient to warrant relief in your case because your asthma
existed prior to joining the service and you failed to report
this condition during the medical prescreening. Accordingly,
your application has been denied.
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 within one year from the date of the Board's decision.
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,
ROBERT J. O’NEILL
Executive Director
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