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

Docket No. 6067-19 
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 for Correction of Naval Records, sitting in executive session, considered your application on 17 October 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 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 with the Navy in August 1999. Commencing in the Spring 2004 Physical Fitness Assessment (PFA) cycle, you commenced a series of PFA failures that culminated in you failing four PFAs in three year period. As a result, you were notified of administrative separation processing for failure to meet physical standards on 25 July 2006. You acknowledged your rights and requested a waiver to continue your career but were discharged on 25 August 2006 with an Honorable characterization of service. Post- discharge, you were rated by the Department of Veterans Affairs (VA) for exercise induced asthma with a 10% rating.  Your asthma disability rating was increased to 60% in 2013.

The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to disability or to be placed on the disability retirement list based on your asthma condition. Unfortunately, the Board disagreed with your rationale for relief. In order to qualify for military disability benefits, a service member must be determined to be unfit for continued naval service due to a qualifying disability condition. Unfitness exists when a member is unable to perform the duties of their office, grade, rank or rating as a result of the disability condition.  Inability to pass the PFA is a factor in determining whether unfitness exists but may not serve as the only basis. In your case, the Board examined your performance evaluation ending on 25 August 2006 and noted that you were performing above fleet standards for your paygrade and rating. Despite earning a 2.0 trait average in military bearing due to your multiple PFA failures, you earned an over 3.14 trait average with above average professional knowledge and quality of work. In the Board’s opinion, this was strong objective evidence that you were able to perform the duties of your office, grade, rank or rating despite the existence of your asthma condition. Had you been able to maintain your weight and perform consistently on the exercise portions on the PFA, the Board concluded you would have been able to continue your career. The Board also took into consideration your rebuttal statement submitted in response to your notification of administrative separation processing. In that statement, you commented on your inability to control your weight and plans on how to address your deficiencies in order to continue your career. The Board felt this was additional evidence of your fitness for continued naval service since you believed that you were capable of continuing your career despite your asthma condition and attributed your PFA failures to weight control issues vice asthma. Finally, the Board noted you were issue a minimal 10% rating by the VA in 2006 for your asthma condition indicating you suffered from minimal asthma symptoms at that time. Based on those three pieces of evidence, the Board concluded the preponderance of the evidence supports a finding that you were fit for active duty despite your inability to pass the PFA and your asthma 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.

Sincerely,