Dear ,  
 
This letter is in reference to your reconsideration request dated 29 August 2019.  You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been disapproved.  Your case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004).  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 21 November 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.  Additionally, the Board considered the advisory opinion contained in Director CORB letter 1910 CORB: 002 of 8 July 2019; an opinion previously provided to you for comment as part of your previous application.   
 
The Board carefully considered your arguments that you deserve to be placed on the disability retirement list based on cervical and ovarian cancer that required treatment after your release from active duty.  Unfortunately, the Board disagreed with your rationale for relief.  While the Board was sympathetic that you developed and required treatment for cancer after your discharge, they determined the preponderance of the evidence did not support a finding that your post-discharge cancer condition was unfitting at the time of your discharge from the Navy.  In order to be found unfit for continued naval service, a service member must be unable to perform the duties of their office, grade, rank or rating due to a qualifying disability condition.  While the Board concluded you, more likely than not, had cervical cancer at the time of your discharge based on your medical records from 1994, they were unable to find sufficient evidence that supports you were unable to perform the duties of your office, grade, rank or rating as a result of your cancer condition.  They relied on the fact that there was no evidence of occupational impairment as a result of your cancer condition at the time of your referral to the Physical Evaluation Board.  Even though you were diagnosed with chronic cervicitis with human papilloma virus, this condition was not determined to be unfitting at the time of your discharge from the Navy.  The Board noted that your occupational impairment was caused by your chrondromalacia patella condition rather than your cervical cancer.  In the Board’s opinion, if your cancer condition progressed after your discharge to create an occupational impairment, compensation and medical care would fall under the purview of the Department of Veterans Affairs.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.   
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record.  
 
It is regretted that the circumstances of your reconsideration petition are such that favorable action cannot be taken.  You are entitled to have the Board reconsider its decision upon the 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 the absence of new matters 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,