DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
	2 NAVY ANNEX	
	WASHINGTON DC 20370-5100

	JRE
				Docket No. 02989-04
	27 July 2004

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 22 July 2004. 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 underwent a pre-separation physical examination on 10 November 1999. You were considered not physically qualified for enlistment at that time, based on your disclosure of a history of asthma. That finding was subsequently reversed, based on your mother’s representation to the effect that you had never suffered from asthma. You enlisted on 30 June 1999. Shortly thereafter, you complained of symptoms of asthma. You disclosed that you had been diagnosed with asthma in 1992 and prescribed an inhaler to be used on an as needed basis. You also indicated that you had experienced exertional dyspnea (difficulty breathing), wheezing, and chest tightness while in high school, and that you did not participate
in sports after the 9th grade. You were given a diagnosis of asthma, and recommended for an entry-level separation based o your failure to meet the minimum physical standards for enlistment. You were discharged on 7 September 1999, and assigned a reentry code of RE-4, as provided for by governing directives.

The Board rejected your contention to the effect that you have never experienced respiratory difficulty, and that you discharge was therefore erroneous. Accordingly, and as the Board does not believe it would be in the interest of justice for it to take any action that would facilitate your reentry into the Armed Forces, 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,