DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
: 2 NAVY ANNEX
WASHINGTON DC 20370-5106
JRE
Docket No. 12112-08
24 November 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 19 November 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 app lacabus 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 22
August 2006 to 23 March 2007 when you were discharged by reason
of a condition, not a disability, that interfered you’re your
performance of duty. On 24 August 2007, the Department of
Veterans Affairs (VA) granted your request for service
connection for asthma with chronic bronchitis, depression, a rib
fracture and a scar along the left eyebrow, and awarded a
‘combined rating of 0%.
The fact that you were tested on 20 May 2008 and found not to be
suffering from asthma at that time was considered insufficient
to demonstrate that you were discharged from the Marine Corps in
error, or that the diagnoses which resulted in your discharge
are incorrect. 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,
\ end
W. DEAN PFE
Executive Dit r
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