DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 3048-18 Ref: Signature Date 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 30 September 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. In addition, the Board considered the advisory opinion contained in Director CORB letter 1910 CORB: 002 of 27 August 2019, a copy of which was previously provided to you for comment. A review of your record shows that you entered active duty with the Navy in August 1994. A medical board diagnosed you with chronic discomfort to areas of calcaneal exostectomies, bilateral heels and chronic Achilles insertional tendonitis, resulting in your referral to the Physical Evaluation Board (PEB). Later addendums to the medical board also referred decreased neurovascular status, sharp/dull response to posterior heels, bilateral TMJ disc displacement with reduction, bilateral capsulitis, masticatory myalgia, tension-type headaches, and migraine headaches as potential unfitting conditions. On 21 May 1997, the PEB found you unfit for chronic Achilles insertional tendonitis, bilateral heels with a combined rating of 20%. All other disability conditions were either found to be a contributing diagnosis or to have existed prior to entry. You requested a formal hearing based on the findings of the informal PEB review. On 7 October 1997, the formal hearing affirmed the earlier PEB findings based on their determination that you had full range of motion in your knees and ankles. You were discharged from the Navy on 9 February 1997 with severance pay pursuant to the PEB findings in your case. Post­discharge, the Department of Veterans Affairs (VA) rated your bilateral Achilles condition at 20% each. The Board carefully considered your arguments that the PEB erroneously rated you a combined 20% for your unfitting conditions based on erroneous findings. You also assert that you were unaware of your appeal rights and should have been rated separately for painful motion of each foot. Unfortunately, the Board disagreed with your rationale for relief. In making their findings, the Board substantially concurred with the advisory opinion contained in Director CORB letter 1910 CORB: 002 of 27 August 2019. Specifically, the Board relied on the rationale utilized in the formal PEB findings that you were properly assigned a 10% rating for each unfitting condition based on range of motion measurements for your ankle and knees. While the Board agreed with the advisory opinion that your VA ratings contradicts the findings of the PEB, the Board also found that VA ratings were not binding on the PEB at the time of your adjudication and that records of your VA compensation examinations were not provided for review to CORB or this Board. Absent medical evidence that corroborates the VA ratings for your unfitting conditions, the Board concluded the preponderance of the evidence supports the PEB findings in your case. 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, 10/8/2019