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NAVY | BCNR | CY2009 | 09681-09
Original file (09681-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

WASHINGTON DC 20370-5100 .
JRE

Docket No. 09681-09
7 October 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 1 October 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 enlisted in the Navy on 10 February
1987. You reported to sick call within a few days and
complained of wheezing and shortness of breath. You disclosed a
pre-service history of asthma that had required treatment with
bronchodilators. The medical board determined that you did not
meet the minimum physical standards for enlistment due to
asthma, and recommended that you be discharged without
entitlement to disability benefits administered by the
Department. of the Navy. In a statement dated 14 May 1987 you
contended that your condition was minor and did not warrant your
separation from the service. You were discharged by reason of
erroneous. enlistment-enlisted in error on 29 July 1987, in
accordance with the approved findings and recommendation of the
medical board.

In the absence of evidence which establishes that you were unfit
for duty by reason of physical disability that was incurred in
or aggravated by your brief period of naval service, the Board
was unable to recommend any corrective action’ in your cage.
Accordingly, your application has been denied. ‘The names and
votes of the members of the panel will be furnished upon
request.

Your request for correction of your Social Security account
number is administrative in nature and should be submitted to
the National Personnel Records Center for action.

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,

\SQoee

W. DEAN PFEIE
Executive Di

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