DEPARTMENT OF THE NAVY
BSOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490 ‘
TUR
Docket No: 2409-14
13 April 2015
This is in reference to your application for correction of your .
naval record. pursuant to the provisions of Title 10, United
States Code, Section 1552.
Although your application was not filed in a timely manner, the
Board found it in the interest of justice to waive -the statute of
limitations and consider your application on its merits. A
three-member panel of the- Board for Correction of Naval. Records,
sitting in executive session, considered your application on 31. -
March 2015. The names. and votes of the members of ‘the panel will
be furnished upon request. 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 15 November 1985, and served without
disciplinary incident. On 4 March 1986, you were referred for a
medical evaluation due to experiencing trouble breathing,
allergies, nasal congestion, light headedness, and having a dry
cough. At that time you reported a history of asthma and being
allergic to pets and/or animals. However, you failed to disclose
this information, and that you had been hospitalized for six days
because of asthma prior to enlistment. Nonetheless, you were
diagnosed with a reactive airway disease and asthma, and
recommended for an administrative separation. You were not
recommended for retention or reenlistment due to the diagnosed
asthma which existed prior to your enlistment.
Subsequently, you were processed for an administrative separation
by reason of a physical disability, specifically, asthma, which
existed prior to enlistment. The discharge authority directed an
honorable discharge by reason of physical disability, ard on 26
March 1986, you were so discharged.
The Board, in its review of your entire record and application,
- carefully weighed all potentially mitigating factors,:such.as..%:: -
your desire to change your narrative reason for separation.. -
Nevertheless, the Board concluded these factors were not
sufficient to warrant relief in your case because of the
diagnosed asthma and your failure to disclose it prior to
enlisting in-the Navy. Finally, Sailors who fail to disclose.
pre-existing diseases; disorders, or illnesses would normally be
separated by reason of “fraudulent entry.” 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 within one year from the date of the Board’s decision.
- New. evidence is evidence: not’ previously considered by the Board. ~
prior to making its decision in your case. 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.
ROBERT J. O'NEILL
Executive Director
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