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,
NAVY | BCNR | CY2007 | 08902-07
08902-07 16 May 2008This 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 15 May 2008. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes,...
NAVY | BCNR | CY2006 | 06054-06
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 January 2007. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2002 | 03617-02
A three-member panel of the Board for Correction of Naval Records, sitting session, considered your application on 15 November 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. PHYSICAL BECAUSE OF DISABILITY. AFTER CAREFUL REVIEW OF ALL THE AVAILABLE EVIDENCE AND BASED ON UNANIMOUS OPINION OF THE HEARING PANEL, THE PHYSICAL EVALUATION BOARD FINDS THE MEMBER UNFIT FOR FULL DUTY IN THE U.S....
NAVY | BCNR | CY2010 | 00240-10
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. In this regard, the Board found that you enlisted in the Navy Reserve on 29 March 1960. 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.
NAVY | BCNR | CY2010 | 01148-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 May 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2010 | 03582-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 February 2011. Documentary material considered by the Board consisted of your application, together with all material gubmitted in support thereof, your naval record and applicable statutes, regulations and policies. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2008 | 08353-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 September 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2002 | 04334-01
Documentary material considered by the Board your 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 Physical Evaluation Board (PEB) made preliminary findings that you were unfit for duty because of post traumatic stress disorder and major depression, which existed prior to your enlistment, and were not aggravated by your service. ...
ARMY | BCMR | CY2010 | 20100024660
He states his records show his asthma was a not a pre-existing condition. He did have asthma, but he did not have it prior to service. There is also no evidence of record and he provided insufficient evidence to show his asthma did not exist prior to his entry on active duty in 2004.
NAVY | BCNR | CY2008 | 07016-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 January 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...