DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 07016-08
12 January 2009
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 8 January 2009. Your allegations of error and
injusticé 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 in the Marine Corps from 27
November to 27 December 2007, when you were discharged by reason
of fraudulent entry based on your concealment of a pre-service
history of asthma. On 29 July 2008, the Department of Veterans
Affairs denied your request for service connection for an upper
respiratory infection, which it classified as an acute condition
rather than a disability.
Your contention to the effect that you did not suffer from
significant asthma before you enlisted, and evidence which
indicates that that you do not suffer from asthma at this time,
do not establish that you were unfit for further service by
reason of physical disability that was incurred in or aggravated
by your brief period of naval service. Accordingly, there is no
basis for granting your request for correction of your FeCerad te
show that you were separated or retired by reason of physical
disability, and your application has been denied. The names and
votes of the members of the panel will be furnished upon
request.
If you believe that the basis for your discharge should be
changed from fraudulent entry to a basis other than physical
disability, you should apply to the Naval Discharge Review Board
by submitting the enclosed DD Form 293 to that board.
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,
Rd,
ROBERT D. SALMAN
Acting Executive Director
Enclosure
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