DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 JRE
Docket No. 08350-08
22 December 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 17 December 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 Marine Corps from
3 November 1997 to 13 November 2006, when you were voluntarily
discharged at the expiration of your active service commitment,
and assigned a reentry code of RE-1A. On 12 June 2007, the
Department of Veterans Affairs (VA} granted your request for
service connection for mild intermittent asthma, mostly exercise
induced, with normal airflow found during pulmonary function
testing, and obstructive sleep apnea with prescribed continuous
“positive airway pressure (CPAP) therapy. The 50% rating was
based on your use of a CPAP device, rather than an objective
assessment of the impairment caused by your pulmonary disorders.
The Board did not accept your unsubstantiated contentions to the
effect that you were denied timely medical care and that you
should have been retained on active duty to receive further
care. It could not find any indication in the available records
that you were unfit to reasonably perform the duties of your
rank at separation due to the effects of any medical conditions,
or that those conditions would have precluded your reenlistment
had you desired to reenlist and been otherwise eligible to do
so. Your receipt of disability ratings and compensation from the
VA is not probative of the existence of error or injustice in
your naval record, because VA assigned those ratings based on
the mere existence of certain conditions, without regard to the
issue of your fitness for military duty at the time of your
discharge. 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 PF
Executive réétor
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