DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 1412-20 Ref: Signature Date Dear This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552. After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (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, sitting in executive session, considered your application on 26 March 2020. 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 service with the Navy Reserve in March 1986 after a period of service with the Marine Corps. On 25 October 1987, you commenced a period of active duty for training, during which you sustained a cervical injury as a result of a motor-vehicle accident. After being initially determined to be not physically qualified (NPQ) for duty, you were determined to be physically qualified on 4 May 1988 after being medically cleared by your healthcare provider. However, on 8 May 1991, you were directed to be processed for administrative separation due to a NPQ determination, resulting in your discharge on 11 August 1991. The Board carefully considered your arguments that you deserve a disability discharge based on your injuries from the 1987 motor-vehicle accident. Unfortunately, however, the Board disagreed with your rationale for relief. In order for a Reservist to qualify for referral to the Disability Evaluation System (DES) for an unfitting determination, they must be in a period of active duty exceeding 30 days. Alternatively, there must be a notice of eligibility issued by the service that authorizes disability benefits for any illness, injury, or disease incurred or aggravated while in a duty status. In your case, the Board found no evidence in your record that you were in a period of active duty greater than 30 days at the time of your accident or that you were granted a notice of eligibility to allow your referral to the DES. Absent evidence of either, the Board concluded that you were properly discharged for your NPQ status since you were not eligible for military disability benefits. While the Board empathizes with your current medical condition, it concluded that compensation and treatment for your disability conditions fall outside the scope of the Department of Defense disability system and is, instead, under the purview of the Department of Veterans Affairs, provided you are able to establish a service connection. 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. You are entitled to have the Board reconsider its decision upon 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 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,