DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No:
26 December 2001
5626-01
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 6 December 2001.
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.
Your allegations of error and
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.
80%) was not considered probative of the existence of error or injustice in
In this regard it noted that although the VA must rate all conditions it
The found that you were discharged from the Marine Corps on 1 July 1995, by reason of
physical disability, due to asthma. The fact that the Department of Veterans Affairs (VA)
assigned disability ratings for a number of other conditions, and awarded you a combined
disability rating of
your naval record.
classifies as “service connected”, i.e., incurred in or aggravated by military service, the
military departments are permitted to rate only those conditions which render a service
member unfit for duty. As the Board was not persuaded that you suffered from any unfitting
conditions other than asthma, it was unable to recommend any corrective action in your case.
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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