Dear ,  
 
This letter is in reference to your 15 February 2020 reconsideration request.  You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been disapproved.  Your case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004).  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.  Consequently, your application has been denied.  
 
A three-member panel of the Board, sitting in executive session, considered your application on 9 April 2020.  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, relevant portions of your naval record, and applicable statutes, regulations, and policies.   
 
The Board carefully considered your contention that you deserve a disability retirement, base shopping privileges, and a photograph in military uniform.  You assert that you passed all your physical fitness assessments and suffered from asthma.  Unfortunately, the Board disagreed with your rationale for relief.  The Board considered your assertions regarding your chain of command’s attempts to prevent you from completing your physical readiness requirements.  Additionally, the Board considered your claims of asthma.  However, the Board concluded that the preponderance of the evidence does not support the relief you seek.   
 
First, the Board found no evidence to support your assertions that you were prevented from passing the requirements to remain in the Navy Reserve.  Your Navy Reserve enlistment contract requirements mandated that you be in Navy physical readiness standards within 12 months of your enlistment or face administrative separation processing for unsatisfactory participation.  Based on your record, you failed to meet that requirement, which formed the basis for your administrative separation.  The Board determined that there was no evidence you successfully passed the physical fitness assessment prior to your administrative separation.  Based on this 
finding, the Board concluded that the Navy’s decision to administratively separate you for unsatisfactory participation in the Navy Reserve was appropriate.   
 
Second, the Board concluded that you do not qualify for military disability benefits since you were never on active duty for more than a 30-day period, nor was there evidence that your asthma condition was incurred or aggravated as a result of your active-duty service.  Disability regulations provide specific requirements for referral to the Disability Evaluation System, including medical evidence that a disability condition is related to active-duty service.  The Board determined that the preponderance of the evidence does not support such a finding in your case based on the lack of medical evidence.  Accordingly, the Board concluded you do not qualify for placement on the disability retirement list or for any associated military benefits such as lifetime base shopping privileges, retirement pay, or an official military photograph.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.   
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record.  
 
It is regretted that the circumstances of your reconsideration petition are such that favorable action cannot be taken.  You are entitled to have the Board reconsider its decision upon the submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or considered by the Board.  In the absence of new matters for reconsideration, the decision of the Board is final, and your only recourse would be to seek relief, at no cost to the Board, from a court of appropriate jurisdiction. 
 
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.