DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX JRE
WASHINGTON DG 20270°5199 Docket No. 08580-09
11 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 10 December 2009. vYour 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 were released from active duty in the
Navy on 28 February 1954 and transferred to the Temporary
Disability Retired List (TDRL) with a disability rating of 30%
for asthma. Your condition was reevaluated by the Physical
Evaluation Board in 1955 and reduced the disability rating below
30%; consequently, you were discharged with entitlement to
disability severance pay effective 15 December 1955. The
Department of Veterans Affairs granted your request for service
connection for bronchial asthma effective 19 August 1988, and
assigned a disability rating of 103%.
In the absence of evidence which demonstrates that your
disability was ratable at 30% or higher as of the date of your
discharge, the Board was unable to recommend favorable action on
your request for correction of your record. 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,
Lee,
W. DEAN
Executive
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