DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
JRE
Docket No. 11951-08
14 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, gection 1552.
BR three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 6 August 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 served in the Navy from 20 October 1986
to 1 December 1986, a period of 42 days, when you were
discharged by reason of erroneous entry due to asthma, which
existed prior to your enlistment and was not aggravated by your
service. Ina vating decision dated 3 February 2009, the
Department of Veterans Affairs denied your request for service
connection for asthma which it ¢lassified as *Not
tnourred/Caused by Service”.
The Board carefully considered your unsubstantiated contention
to the effect that your pre-existing condition was aggravated by
your naval service, but found it insufficient to demonstrate
that you should have been separated or retired with entitlement
to disability benefits administered by the Department of the
Navy. 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 P
Executive Dirddt
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