DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 06797-08
11 August 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 7 August 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. In this regard, the Board found that the
diagnosis of asthma that was made in your case was based on
clinical observation and the results of a methacholine challenge
test administered on 29 June 2005, which documented a 36%
reduction in the FEV1 after administration of methacholine. The
Board found that although your medical expert did not find any
evidence of asthma when he evaluated you in 2007, he did not
state that the diagnosis of asthma made by a Navy physician in
2005 is erroneous. In addition, the Board noted that you could
have been processed for discharge by reason of fraudulent
enlistment because you concealed your history of bronchitis and
use of inhalers when you completed a medical history statement
on 21 September 2004.
In view of the foregoing, 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,
ls tae f
W. DEAN P F
Executive Di
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