DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 9027-19 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 relevant portions of your naval record and your application, 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 1 October 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 with the Navy in October 1988. In October 1991, a medical board referred you to the Physical Evaluation Board (PEB) for Reactive Airway Disease and Chronic Sinusitis. The PEB found you unfit for continued naval service for both conditions and assigned you ratings of 10% and 0%, respectively. After you accepted the PEB findings, you were discharged with severance pay on 8 May 1992 pursuant to your PEB findings. Post-discharge, the Department of Veterans Affairs assigned you disability ratings for both unfitting conditions. The VA rating document you submitted shows as assigned rating of 30% for Allergic Rhinitis effective in 1994 and 60% for Bronchial Asthma effective in 2018. The Board carefully considered your arguments that you deserve to be placed on the disability retirement list for your Asthma and Sinusitis conditions. Unfortunately, the Board disagreed with your rationale for relief. After a review of the evidence, the Board concluded the preponderance of the evidence does not support a finding that the PEB erroneously rated either of your unfitting conditions. The Board concluded there was insufficient evidence to overturn the PEB findings based on VA ratings that were issued years after your PEB findings were issued. In the Board’s opinion, the lapse in time from your discharge to when you were first issued VA ratings greater than the PEB ratings was too distant in time to be reliable evidence of error by the PEB. The Board found it was not unusual for conditions to worsen over time and that too many potential intervening factors could have led to the VA assigning different disability ratings from the PEB. Absent specific evidence that the PEB assigned ratings were erroneously issued, the Board found insufficient evidence of error or injustice to warrant a change to your record. Additionally, the Board reviewed your claim for an Expeditionary Medal. However, the Board found no evidence you exhausted your administrative remedies by applying to the Navy for a correction to your record. You must first submit your request to the Navy Personnel Command (PERS 3), 5720 Integrity Drive, Millington, TN 38055-3120 to request that an administrative correction be made on your DD Form 214. 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 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, 10/8/2020 Deputy Director