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

JRE
Docket No. 07926-06
10 October 2006

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 September 2006. 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 served on active duty in the Navy from 21 October to 21 November 2002, when you were discharged by reason of fraudulent entry based on your failure to disclose your history of asthma. Your contention to the effect that you falsely claimed to have a history of asthma in order to be sent home to take care of your pregnant girlfriend was considered insufficient to warrant any corrective action in your case. It was clear to the Board that you concealed a disqualifying history of asthma in order to fraudulently procure your enlistment, or that you concocted a history of asthma in order to fraudulently procure your discharge. A reentry code of RE-4 would be proper in either case. The Board concluded that it would not be in the interest of justice for it to take any action that might facilitate your reentry into the Armed Forces. 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,

W.	DEAN PFEIFFER
Executive Director