Docket No. 6517-18  
Ref: Signature Date 


This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552.  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. 

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 10 January 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.  
 
A review of your record shows that you entered active duty with the Navy in February 2010.  On 14 September 2011, you were screened for overseas and operational duty.  Based on a shoulder impingement, you were determined not to be worldwide deployable and recommended for treatment or administrative separation for the convenience of the government due to a condition not considered a disability.  You were notified of administrative separation processing on 17 October 2011 and acknowledged your rights.  On 28 October 2011, you were discharged with an Honorable characterization of service for condition not a disability.  In 2017, you were rated by the Department of Veterans Affairs (VA) for a left shoulder strain and assigned a 20% disability rating. 

The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to disability.  You assert that this change would allow you to receive full educational benefits from the VA.  Unfortunately, the Board disagreed with your rationale for relief.  The Board found insufficient evidence you were unfit for continued naval service at the time of your discharge from active duty.  The Board relied on your 28 October 2011 performance evaluation which showed you were performing at fleet standards for your paygrade and rating despite the existence of your shoulder condition.  The positive performance comments and promotion recommendation was persuasive evidence to the Board that your shoulder condition did not create a sufficient enough occupational impairment to warrant your referral to the Disability Evaluation System.  Further, disability regulations state that disqualification from worldwide deployment, in itself, does not support a referral to the Disability Evaluation System.  Finally, the fact your condition was deemed treatable by Navy medical personnel also convinced the Board your condition would not have prevented you from returning to full duty status in a reasonable time.  The fact the VA rated you for your left shoulder condition in 2017 was determined not to be probative on the issue of unfitness for continued naval service in 2011 since eligibility for compensation and pension disability ratings by the VA is tied to the establishment of service connection and is manifestation-based without a requirement that unfitness for military duty be demonstrated.  So despite your need to secure a disability discharge to qualify for additional VA educational benefits, the Board determined that you were properly processed for condition not a disability based on your record and receiving educational benefits was insufficient mitigation evidence to merit relief 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 at this time. 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 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,