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

Docket No. 3204-18 
Ref: Signature Date

Dear  ,

This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552. Your case was reconsidered in accordance with procedures that conform to Lipsman v. Secretary of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004). You were previously denied relief by the Board on 9 November 2017. 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 25 October 2018. 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 contained in your reconsideration request concerning the correctness of the Board’s previous decision regarding your case. Unfortunately, the Board again disagreed with your rationale for relief. In making their decision, they concurred with the rationale and opinions of the previous Board decision. Specifically, the Board found insufficient evidence that the Physical Evaluation Board and Director, CORB decisions were erroneous or created an injustice in your Disability Evaluation System case.

While the Board understands that you disagree with the rationale used by the Board in reaching its decision, it felt, after consideration of all the evidence, that its previous decision remains correct. The Board again felt the fact your command was not compelled to refer to disability conditions, other than your Crohn’s Disease, in your Non-Medical Assessment was an important factor in determining that there was insufficient evidence that you were unable to perform the duties of your office, grade, rank or rating due to disability conditions other than your Crohn’s Disease. The Board reasoned that the Non-Medical Assessment was a key piece of evidence that provided valuable insight by your Command why they felt you were unable to perform your military duties. Based on the Command’s decision to only discuss the occupational difficulties you endured as a result of your gastrointestinal condition, the Board concluded for the same reasons as the previous Board, that it was your gastrointestinal condition that prevented you from performing the duties of your office, grade, rank or rating and not any of your other disability conditions. Despite evidence that you were unable to perform your duties to the best of your abilities, they determined that your record does not contain sufficient evidence of unfitness for continued naval service for disability conditions other than your Crohn’s Disease. When combined with the fact the Navy medical providers did not refer other disability conditions to the Disability Evaluation System based on their opinion the conditions were not unfitting, the Board felt this was conclusive evidence it lacked the evidence to support a finding of unfitness for continued naval service for the other claimed disability conditions. 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 reconsideration petition are such that favorable action cannot be taken again. You are entitled to have the Board reconsider its decision upon the submission of new and material evidence. New evidence is evidence not previously considered by the Board. In the absence of sufficient new and material evidence 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,

11/13/2018

Executive Director
Signed by: