DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
              
Docket No:  9058-19               
Ref: Signature date 

This letter 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel would not materially add to its understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

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 application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 26 February 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, as well as applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active duty on 21 March 2002.  On 12 April 2002, you were diagnosed with asthma. Subsequently, administrative discharge action was initiated to separate you from the naval service by reason of “Failed Medical Physical Standards.”  On 18 April 2002, the separation authority directed that you be separated with an entry-level separation.  You received an entry-level separation on 23 April 2002 and an RE-4 reentry code. 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your reentry code, and your assertions that you believed that you did not have asthma and were not properly screened.  The Board also considered your assertion that you have since visited an asthma specialist and now believe you don’t have asthma.  However, the Board concluded that these factors and assertions were insufficient to warrant a change to your discharge given your medical condition and diagnosis at the time of that discharge.  The Board noted that, although you indicate that you do not intend to attempt to re-enlist,  all services can grant waivers for reenlistment upon presentation of sufficient medical evidence. 

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 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 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, 

3/31/2020