No: 9173-19 
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 application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 3 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, and applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active-duty service on 20 June 2015.  On 2 July 2005, you had trouble breathing during physical training.  On 9 July 2005, you experienced shortness of breath.  On 21 July 2005, you were found to have asthma not correctable to Navy standards.  On 25 July 2005, you were notified of administrative separation proceedings on the basis of erroneous enlistment.  You were discharged from the Navy on 2 August 2005, on the basis of failed medical/physical procurement standards, with an entry-level separation (ELS) and a reentry (RE) code of RE-4. 
 
You request that your record be changed to reflect that you were medically retired with an honorable characterization of service, with back pay of medical retirement, compensation for the loss of your naval career, and total compensation in the amount of $5,000,000.  You provide information about your 100% service-connected disability rating from the Department of Veterans Affairs (VA).  You also provide a personal statement in which you assert that, once you 
received vaccinations at Recruit Training Center , your health declined.  You state that you now have the lung capacity of a 52-year old at the age of 28.  You also state that you lost responsibility in your civilian position due to your health issues. 
 
The Board, in its review of your entire application, carefully considered your contentions.  The Board noted, however, that your service record indicates that you had asthma, which was not correctable to Navy standards.  The Board took the medical information reflected in your record into consideration and noted that you had trouble breathing and shortness of breath, and that you were diagnosed with asthma as reflected by the 21 July 2005 medical notes.  The Board noted, too, that there is no evidence, and you provided none, to support your contention that the vaccinations you received caused your health issues.  Accordingly, the Board concluded that your separation on the basis of failed medical/physical procurement standards was executed without error or injustice.   The Board thus concluded that there is no probable material error or injustice in your record warranting corrective action. 
 
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.