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

Docket No. 10357-19
Ref: Signature Date 

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, sitting in executive session, considered your application on 9 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 service in the Marine Corps on 6 January 1978.  You were admitted for medical treatment due to pneumonia on 22 March 1978, and you provided a medical history of asthma attacks since 1974 that required several hospitalizations.  As a result, you were diagnosed with preexisting asthma and recommended for administrative separation.  On 27 March 1978, a medical board diagnosed you with preexisting asthma and recommended your separation for erroneous enlistment.  You were discharged with an honorable characterization of service on 29 March 1978 pursuant to the medical board’s findings. 

The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to disability.  You assert that you were erroneously discharged in abstentia after being sent home while suffering from an illness.  Unfortunately, the Board disagreed with your rationale for relief.  The Board concluded that your administrative separation for erroneous enlistment was supported by the preponderance of the evidence based on the 22 March 1978 medical report, which documents your history of asthma prior to your entry into the Marine Corps, and the 27 March 1978 medical board report, which affirmed the diagnosis and 
preexisting nature of your condition.  In the Board’s opinion, these two medical documents substantiate the Marine Corps’ determination that you were enlisted in error since you did not meet induction standards due to your asthma condition that existed at the time of your enlistment. 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,