Dear   
 
This is in reference to your application 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 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 8 October 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 were medically cleared for entry into the Navy in May 1983 despite reporting that you were unaware if you had asthma based on previous symptoms.  After entering active duty on 29 December 1983, you reported shortness of breath symptoms within two days and reported a history of transient episodes of similar symptoms prior to entering the Navy including an episode in the summer of 1983.  As a result, a medical board diagnosed you with preexisting bronchial asthma and recommended you for administrative separation for erroneous enlistment.  You were notified of administrative separation processing for erroneous enlistment on 10 February 1984 and discharged on 21 February 1984 with an uncharacterized entry-level separation. 
 
The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to disability.  You assert that your record does not indicate a medical reason for separation.  Unfortunately, the Board disagreed with your rationale for relief.  Specifically, the Board concluded the preponderance of the evidence supports your erroneous enlistment discharge from the Navy.  In reviewing your record, the Board noted that you reported a possible asthma condition prior to you entering of active duty; a condition that appeared within days of commencement of basic training.  In the Board’s opinion, the fact your asthma symptoms surfaced within days of you entering active duty supports the medical board finding that your bronchial asthma existed prior to your entry into the Navy; especially when considered in combination with your preservice history of shortness of breath.  Since asthma is a disqualifying disability condition for enlistment in the Navy, the Board found that you were erroneously cleared for enlistment.  Therefore, the Board found that your erroneous enlistment discharge remains appropriate.   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 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,