DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 2398-20 
Ref: Signature Date 

Dear   , 

This is in reference to your application of 14 February 2020 for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found that the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 

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 case on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 23 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.
 
A review of your record shows that you entered active duty with the Navy on 2 September 1987.  You were seen in the allergy clinic after an allergy attack due to exposure to shellfish in the galley.  Multiple allergy tests determined you suffered from allergies to multiple allergens including grass pollen, weeds, molds, dust mites, cockroaches, lobster, and shrimp.  You had previously reported a history of hay fever on your entrance physical.  As a result, a medical board was convened and diagnosed you with preexisting allergy to seafood and preexisting allergic rhinitis with reactive airway.  You were recommended for administrative separation and discharged with an honorable characterization of service on 4 January 1990 due to physical disability, existed prior to entry.
 
The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to indicate that your disability condition was not a preexisting condition.  You argue that you were not allergic to shellfish and would not knowingly consume any if you were allergic to it.  Unfortunately, the Board disagreed with your rationale for relief.  The Board concluded the preponderance of the evidence supports your assigned narrative reason for separation.  The Board relied on the 6 November 1989 medical board report which details the clinical allergy test results in your case that support the diagnosis of a shellfish allergy.  Based on the medical evidence, the Board determined you were properly discharged for a preexisting disability condition.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record. 

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 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 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,