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NAVY | BCNR | CY2007 | 08902-07
Original file (08902-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100





 JRE
 Docket No. 08902-07
16 May 2008



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 15 May 2008. 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.
You enlisted in the Navy on 8 January 1962. You were hospitalized on 11 January 1962, and given diagnoses of bronchopneumonia and atopic (allergic) dermatitis. You disclosed a history of wheezing and frequent winter colds followed by a persistent cough, as well as a family history of asthma. You were discharged from the hospital on 5 March 1962 with a diagnosis of perennial asthma, allergen unknown, existed prior to enlistment (EPTE). On 20 March 1962 a board of medical survey determined that you did not meet the minimum physical standards for enlistment because of the asthma, EPTE,and recommended that you be discharged from the Navy without entitlement to disability benefits. On 20 March 1962, you certified that the findings and recommendation of the medical board had been fully explained to you, and that you had been advised that you were entitled to demand a hearing before a physical evaluation board (PEB). On that date you certified that you did not demand a hearing before a PEB, and requested that you be discharged from the Navy as soon a possible without disability retirement or severance pay. You were discharged on
27 March 1962, in accordance with your request and the approved recommendation of the board of medical survey.
In the absence of evidence which demonstrates that you were unfit for duty by reason of physical disability that was incurred in or aggravated by your brief period of naval service, the Board was unable to recommend 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,


ROBERT D . Z SALMAN
Acting Executive Director

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