DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

JRE
Docket No. 06054-06
12 January 2007

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 11 January 2007. 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 8 November 1986. You were evaluated by a medical board on 31 December 1986, and given a diagnosis of symptomatic bronchial asthma, which existed prior to your enlistment, and was not aggravated by your naval service. The medical board report indicates that you admitted to having a history of asthma as a child, as well as occasional wheezing when exposed to “dust, cold and fatigue”. The medical board’ recommended that you be administratively discharged without entitlement to disability benefits administered by the Department of the Navy. You were advised of the findings and recommendation of the medical board on 31 December 1986, and you declined to submit a statement in rebuttal. You were discharged by reason of erroneous entry on 9 January 1987.

The Board rejected your unsubstantiated contention to the effect that you did not suffer from asthma prior to your enlistment in the Navy. As you have not demonstrated that you were unfit for duty by reason of physical disability that was incurred in or aggravated by your brief period of service in the Navy, the Board was unable to recommend any corrective action in your case. 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,

ROBERT D ZSALMAN
Acting Executive Director

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