DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 
 Docket No. 5510-15 
HAY 2 O 2016 


This is in reference to your application for correction of your naval record pursuant to the provisions of 10 use 1552. 
Although your application was not fil ed 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~rnember panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 March 2016 . 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 st atutes, regulations and policies. 

A review of your record shows that you entered active duty with the Navy in July 1988 to be assigned to the Submarine Community. On 12 December 1988, you were determined to be Not Physically Qualified for submarine duty due to Bronchiectasis -Asthma. After you chose to be discharged instead of being reassigned to another community, you were discharged on 29 December 1988 for erroneous enlistment with an entry level separation. 

The Board carefully considered your arguments that you were improperly issued an erroneous enlistment narrative reason for discharge since your asthma condition was not pre-existing. You contend that since your condition was not pre-existing, you should hav~ been discharged for a disability. Unfortunately, the Board disagreed with your rationale for relief. In order to be. discharged due to a disability, a servi ce member needs to be found unfit for continued naval service. In your case, you were offered an opportunity to make a lateral transfer to another community and chose to be discharged. Therefore, the Board concluded you were not unfit due to your asthma condition and did not qualify for a disability discharge. Since you.were enlisted for the purpose of serving in the submarine community and later determined to be not physically qualified, the Board concluded that your enlistment was, in fact, erroneous and the narrative reason for your di scharge is correct. Accordingly, the Board was unable to find an error or injustice warranting a correction to your record and denied your application. The names and votes of t he members of t he panel will be _furnished upon request. 

It is regretted t hat 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 evidence within one year from the date of the Board's decision. New evidence is evidence 
not previously considered by the Board pr ior to making its decision in this 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. 
Sincerely, 

Executive Director 
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