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NAVY | BCNR | CY2008 | 08599-08
Original file (08599-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .

JRE
Docket No. 08599-08
3 August 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.

AR three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 9, July 2009. 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.

The Board found that-you enlisted in the Navy on 4 March 1966.
On 28 April 1966, a medical board gave you a diagnosis of
bronchial asthma, which existed prior to your enlistment and was
not aggravated by your service in the Navy. The medical board
recommended that you be discharged without entitlement to
disability benefits administered by the Department of the Navy.
On 28 April 1966, after being advised of the findings and
recommendation of the medical board, you waived your right to a
hearing before the Physical Evaluation Board, and requested that
you be discharged as soon as possible without retirement or
severance pay, and without any compensation whatsoever from the
Department of the Navy. You were discharged on 3 May 1966 in
accordance with your request and the approved findings and
recommendation of the medical board.

As you have not demonstrated 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, the Board was
unable to recommend any corrective action in your case. In
addition, the Board noted that the issue of your entitlement to
benefits administered by the Department of Veterans Affairs is a
matter within the purview of that department, rather than the
Department of the Navy.

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,

W. DEAN Lenk
Executive Diradtor

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