DEPARTMENT OF THE NAVY 

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

Docket No. 5609-16 

Dear

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions of 10 use 1552. 

Although your application was not filed in a timely manner, the Board found it in the interest of 
justice to waive the statute oflimitations and consider your case on its merits. A three-member 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your 
application on 11 May 2017. 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. The Board also considered the advisory opinion contained in Director, 
Secretary of the Navy Council ofReview Boards !tr 5220 CORB: 002of10 Mar 2017; a copy of 
which was provided to you for comment. 

A review of your record shows that you entered active duty with the Marine Corps in January 
2003 and served through 1 September 2007 until the completion ofyour required active service. 
During your separation physical, you reported three instances ofshortness ofbreath while 
performing physical exercises but were medically cleared to be released from active duty and 
transfer to the Marine Corps Reserve. On 10 September 2013, the Department ofVeterans 
Affairs (VA) rated you 30% disabled for service connected asthma. You were later released 
from the Marine Corps Reserve at the completion ofyour obligated service. 

The Board carefully considered your arguments that you deserve to be placed on the disability 
retirement list due to your asthma condition. You assert that you were suffering from the 
condition at the time ofyour release from active duty and should have been referred to the 
Disability Evaluation System. Unfortunately, the Board disagreed with your rationale for relief. 
In making their findings, the Board substantially concurred with the advisory opinion contained 
in Director, Secretary ofthe Navy Council ofReview Boards letter 5220 CORB: 002of10 
March 2017. The Board determined insufficient evidence exists to support a finding ofunfitness 
for continued naval service at the time of your release from active duty. They relied upon your 
separation physical that contained a note from the examining physician that stated your breathing 
condition had resolved itself. This convinced the Board that you were not suffering from 
Asthma symptoms at the time of your release from active duty. In addition, the Board 
considered your last Fitness Report that showed you performed well and were ranked in the 
middle ofyour peer group. This additional evidence further convinced that insufficient evidence 
ofan occupational impairment existed at the time ofyour release from active duty. The fact you 
were rated by the VA for asthma was determined not to be probative on the issue ofunfitness for 
continued naval service since eligibility for compensation and pension disability ratings by the 
VA is tied to the establishment ofservice connection and is manifestation-based without a 
requirement that unfitness for military duty be demonstrated. 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 ofthe members ofthe panel will be furnished upon request. 

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 issue(s) 
involved. Therefore, the Board determined that a personal appearance was not necessary and 
considered your case based on the evidence ofrecord. 

It is regretted that the circumstances ofyour case are such that favorable action cannot be taken 
at this time. You are entitled to have the Board reconsider its decision upon the submission of 
new and material evidence. New evidence is evidence not previously considered by the Board. 
In this regard, it is important to keep in mind that a presumption ofregularity 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 ofprobable material error or injustice. 

Sincerely, 


Executive Director