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

Docket No. 962-18 
JUL 30 2018 

Dear 

This is in reference to your application for correction ofyour 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 ofprobable 
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 ofthe Board for Correction of Naval Records, sitting in executive session, considered your 
application on 12 July 2018. The names and votes ofthe members of the panel will be furnished 
upon request. Your allegations oferror 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 ofyour 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 August 1987. After 
a period of successful service, you were referred to the Physical Evaluation Board (PEB) and 
found unfit for continued naval service. The PEB rated your condition at 10% resulting in your 
discharge with severance pay due to a disability. Post-discharge, the Department ofVeterans 
Affairs rated you at 100% for service connected disabilities effective 14 April 1998. 

The Board carefully considered your arguments that you deserve to be placed on the disability 
retirement list. Unfortunately, the Board lacked the evidence to support a grant ofrelief in your 
case. Specifically, you did not provide sufficient evidence to support a finding that the PEB 
failed to properly rate your disability condition in 1994. While you provided a 2003 letter that 
the Department ofVeterans Affairs rated you at 100% as of 1998 and assert that you were rated 
at 50% for your PEB rated disability condition immediately upon your discharge, you failed to 
provide VA medical records that specifically address the condition for which the PEB 
determined was unfitting. The Board concluded that your 2003 letter from the VA lacked 
specificity with regard to the disability conditions that resulted in the rating. In addition, without the specific medical evidence that addresses your assertion that the PEB erred in rating your unfitting condition, the Board felt it lacked the evidence to support a change to your military 
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 ofregularity attaches to all 
official records. Consequently, when applying for a correction ofan official naval record, the 
burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director