DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 7932-18 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. 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 25 April 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 1981. You suffered a right tibia-fibula fracture and fractures to your pelvis due to a motorcycle accident on 3 January 1984. You were eventually returned to full duty and reenlisted in March 1988. On 30 December 1992, you were released from active duty at the completion of your required service pursuant to an early release program and transferred to the Navy Reserve. You served in the Navy Reserve until you release at the end of your obligated service on 30 December 1996. You assert that you are now classified as 100% disabled. The Board carefully considered your arguments that you deserve to be placed on the disability retirement list based on your 1984 injury and current disability rating from the Department of Veterans Affairs. Unfortunately, the Board disagreed with your rationale for relief. In order to qualify for placement on the disability retirement list, a service member must be unfit for continued naval service due to a disability condition at the time of their release from active duty. Unfitness for continued naval service is defined as the inability to perform the duties of a service member’s office, grade, rank or rating. In your case, the Board found insufficient evidence that you suffered from a disability condition in 1992 or that you were unable to perform your duties as a result of a disability condition incurred or aggravated while on active duty. While the Board acknowledges you suffered a traumatic injury in 1984, they found ample evidence that shows you were returned to full duty status and were performing your duties well at the time of your release from active duty. Specifically, the Board relied on your 30 December 1992 performance evaluation that documented a 3.8 trait average with positive performance comments and a recommendation for advancement. The Board also relied on your post-discharge performance evaluation from your Navy Reserve unit ending on 18 January 1994 as further evidence you were not suffering from any occupational impairment as a result of a disability condition. The 1994 performance evaluation documented a 3.6 trait average with positive performance comments and recommendation for advancement upon your transfer to the IRR. In the Board’s opinion, these two performance evaluations support a finding that you were fit for active duty at the time of your release from active duty and continued to be fit as you served in the Navy Reserve. Therefore, the Board determined insufficient evidence exists to find you were unfit for continued naval service in 1992 and concluded you were properly released from active duty for continued service in the Navy Reserve. 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, 4/29/2019