DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JR]
Docket No. 12878-11
9 October 2012
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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 4 October 2012. 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 enlisted in the Marine Corps on 23 February 2009. It
appears that your enlistment was fraudulent in that you
concealed a disqualifying history of asthma when you applied
for enlistment. You disclosed that history during the “Moment
of Truth”, and reported that you had suffered from asthma
throughout your childhood. You were discharged from the Marine
Corps on 15 May 2009 with an uncharacterized entry level
separation.
The Board was not persuaded that you were unfit for service by
reason of physical disability that was incurred in or aggravated
by your 2 months and 23 days of naval service. In addition it
noted that you could have been processed for separation by
reason of fraudulent entry based on your concealment of what
you believed to be a pre-service history of asthma. Your receipt
of disability compensation from the Department of Veterans
Affairs (VA) is not probative of the existence of error in your
naval record because you were awarded that compensation without
regard to the issue of your fitness for military duty on 15 May
2009. In addition, it was based on the questionable
determination of VA rating officials that because the asthma
had not been noted during your pre-enlistment physical
examination, that condition must have been incurred during your
brief period of active duty service.
In view of the foregoing, your application has been denied. The
names and votes of the members of the panel will be furnished
upon réquest..
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. Inthis 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,
‘ the
ROBERT D. SALMAN
Acting Executive Director
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