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

Docket No. 8394-19 
Ref: Signature Date 

This letter is in reference to your reconsideration request dated 15 September 2019.  You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been disapproved.  Your case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004). After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. 

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 January 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.  

The Board carefully considered your arguments that you deserve to be placed on the disability retirement list.  You assert that your asthma condition was erroneously determined to exist prior to your entry into the Navy.  Unfortunately, the Board disagreed with your rationale for relief. In reviewing your medical record, the Board found the medical board report of 23 June 1967 credible and persuasive. That report documents your preservice medical history of recurrent bronchitis and chest tightness as a teenager. In the Board’s opinion, this supports the medical board finding that your asthma condition existed prior to your entry into the Navy and was not aggravated beyond its normal progression during your brief period of active duty.  The Board found your report of medical history credible based on its belief that it was in your best interest to accurately disclose your medical history in order to be correctly diagnosed and treated.  Further, the Board found no reasonable basis for the medical board to erroneously report or fabricate your medical history.  Based on these factors, the Board determined the preponderance of the evidence supports the medical board findings in your case.  Accordingly, the Board concluded insufficient evidence of error or injustice exists to warrant a change to your record. 

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 of record.  

It is regretted that the circumstances of your reconsideration petition are such that favorable action cannot be taken.  You are entitled to have the Board reconsider its decision upon the 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 the absence of new matters for reconsideration, the decision of the Board is final, and your only recourse would be to seek relief, at no cost to the Board, from a court of appropriate jurisdiction. 

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, 


1/7/2020