DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
JRE
Docket No: 5056-00
25 July 2001
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 24 May 2001. 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
In addition, the Board considered the comments
applicable statutes, regulations and policies.
of your counsel.
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 were evaluated by a medical board on 5 April 1995, and given
diagnoses of asthma and pleural effusion. On 4 May 1995, the Physical Evaluation Board
(PEB) made preliminary findings that you were unfit for duty because of the asthma, which
it rated at 10%. You accepted those findings contingent upon being retained on active duty
until 31 August 1995. Your condition was accepted, and you were retained until 31 August
1995, when you were discharged by reason of physical disability with entitlement to
disability severance pay. You were examined at a Department of Veterans Affairs facility on
25 November 1995, and reported that you occasionally experienced shortness of breath when
you exerted yourself or failed to take your medications. The VA awarded you a 30% rating
for the asthma, which at that time required asthmatic attacks separated by only
intervals, with moderate dyspnea on exertion between attacks.
lo-14 day
The Board noted that ratings for asthma assigned by the military departments are based on
clinical impairment and response to treatment.
It appears that your condition was mild, and
responded well to medical therapy. The Board was not persuaded that your condition met
the criteria for a rating in excess of 10% at the time of your discharge from the Marine
Corps. 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
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The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of the VASRD standards to the unfitting medical condition at the time of separation. BOARD FINDINGS : IAW DoDI 6040.44, provisions of DoD or Military Department regulations or guidelines relied upon by the PEB will not be considered by the Board to the extent they were inconsistent with the VASRD in effect at the time of the adjudication.The Board did...
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Asthma Condition . The examiner concluded that the CI was “doing well with daily Flovent use.” The plan was to continue using Flovent twice per day.The narrative summaryon 30 March 2005 (4 months prior to separation) reported that the CI had not required systemic steroids or emergency treatment. BOARD FINDINGS : IAW DoDI 6040.44, provisions of DoD or Military Department regulations or guidelines relied upon by the PEB will not be considered by the Board to the extent they were inconsistent...
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The PEB adjudicated the asthma as unfitting, rated 30%, citing criteria of the Veterans Administration Schedule for Rating Disabilities (VASRD); and, placed the CI on the Temporary Disability Retired List (TDRL). This decision was affirmed on review by the US Army Physical Disability Agency (USAPDA); and, the CI was removed from TDRL in 2006 and permanently separated with a 10% disability rating. Asthma660230%10%Asthma660230%No Additional MEB EntriesRight Shoulder...