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NAVY | BCNR | CY2009 | 01365-09
Original file (01365-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-51900 JURE

Docket No. 01365-09
25 January 2010

 

 

 

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 14 January 2010. 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.

You served on active duty in the Navy from 17 September 2002 to
6 November 2003, when you were discharged by reason of physical
disability due to asthma that existed prior to your enlistment
(EPTE) and was not aggravated by your service. The EPTE finding
was based on your admission to Navy medical authorities that you
had been treated for asthma before you enlisted. On 14
September 2004, the Department of Veterans Affairs denied your
request for service connection and disability compensation for
asthma because that condition had not been incurred in or
aggravated by your service.
As you have not demonstrated that you did not suffer from asthma
and that you were fit for duty at the time of your discharge
from the Navy, the Board was unable to recommend corrective
action in your case. Accordingly, your application has been
denied. The names and votes of the members of the panei 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,

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