DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 01148-10
28 May 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 28 May
2010. Your allegations of error and injustice were reviewed amy
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 enlisted in the Navy on 4 August 1993. It appears that your
enlistment was fraudulent in that you failed to disclose your
pre-service history of shortness of breath and breathing
difficulties when you applied for enlistment. You sought medical care
on 25 October 1993 because of your inability to run due to shortness
of breath. On 27 October 1993 a medical board recommended that you
be discharged without entitlement to disability benefits based on
your inability to perform physical training or meet enlistment
physical standards, your past history of breathing difficulties,
in-service symptomatology, and pulmonary function test results. On
2 November 1993, after being advised of the findings and
recommendation of the medical board, you declined to submit a
statement in rebuttal thereto. You were discharged on 18 November
1993 with an uncharacterized entry level separation by reason of your
failure to meet procurement medical standards. You completed three
months and fifteen days of service.
The fact that the Department of Veterans Affairs (VA) has recently
granted your request for service connection for asthma based on its
finding that the asthma was “first diagnosed” while you were on active
duty, does not establish that you were unfit for duty by reason of
physical disability that was incurred in or aggravated by your brief
period of naval service. 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. aa Ne
Executive Dige r
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