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 the entire 
record, 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 for Correction of Naval Records, sitting in executive session, considered your 
application on 29 August 2019. 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 dministrative 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. In addition, the Board considered the advisory opinion contained in Director CORB letter 1910 CORB: 002 of 19 July 2019, a copy of which was previously provided to you for comment. 

A review of your record shows that you entered active duty with the Navy in My 1993. You were diagnosed with asthma and referred to the Physical Evaluation Board (PEB) on 10 December 1998 by a medical board. On 25 February 1999, the PEB found you unfit for continued naval service due to your asthma and rated your condition at 10%. After you accepted the PEB findings, you were discharged on 26 March 1999 with severance pay pursuant to the PEB findings. Post-discharge, the Department of Veterans Affairs (VA) rated your asthma condition at 10%. 

The Board carefully considered your arguments that you deserve to be placed on the disability 
retirement list based on inhaler treatment you received for your asthma while on active duty and 
you post-discharge cardiac issues. Unfortunately, the Board disagreed with your rationale for 
relief. In making their findings, the Board substantially concurred with the advisory opinion 
contained in Director CORB letter 1910 CORB: 002 of 19 July 2019. Specifically, the Board 
found the preponderance of the evidence supports the 10% rating issued by the PEB for your 
asthma condition. Additionally, the Board found insufficient evidence that your cardiac condition was unfitting at the time of your discharge. First, as pointed out by the advisory opinion, the Board found that your inhaler refill history does not support your daily use. This fact combined with your pulmonary functions test results support the 10% rating issued by the PEB. The Board considered the VA issued rating of 30% for your asthma condition but concluded the rating, by itself, was insufficient to overcome the evidence that you did no require a daily inhaler or the results of your pulmonary functions test. Second, the Board concluded the preponderance of the evidence does not support a finding that you were symptomatic for cardiac issues while on active duty to merit a finding of unfitness for that condition. The Board relied on the lack of a diagnosis in your military medical record and the VA’s decision not to find a service connection for the 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 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.