DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JRE
Docket No. 595-12
1 November 2012
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 25 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 your application was not timely filed,
and that you have not demonstrated that it would be in the interest
of justice for the Board to excuse your failure to submit your
application in a timely manner. The Board noted that although you
claim you discovered the alleged error or injustice on 1 August 2001,
you knew on 11 March 1991 that you were being released from active
duty without entitlement to disability benefits administered by the
Department of the Navy. The recent determination of Department of
Veterans Affairs (VA) officials to the effect that your pre-existing
condition of asthma increased in severity beyond normal progression
during your 1 month and 20 days service in 1991 is not well reasoned,
and it is not probative of the existence of error or injustice in
your naval record. Accordingly, your application has been denied.
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.
5 dr
ing Executive Director
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