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

Docket No. 1752-20 
Ref: Signature Date 

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 2 April 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 active duty with the Navy Reserve in July 2005 and served a period of two years, including a deployment to 
       in August 2006.  After being released from active duty in August 2007, you commenced a period of inactive duty.  You were discharged from the Navy Reserve on 1 September 2009 after being found not physically qualified (NPQ) for retention.  You assert that, after your discharge, the Department of Veterans Affairs assigned you a combined 100% disability rating. 

The Board carefully considered your request to be placed on the disability retirement list based on your discharge from the Navy Reserve and VA rating.  Unfortunately, the Board disagreed with your rationale for relief.  SECNAVINST 1850.4E provides that an inactive-duty Reservist is not normally eligible for disability benefits unless granted a Notice of Eligibility (NOE) establishing eligibility for referral to the Disability Evaluation System.  The Board found no evidence in your record that you received a NOE prior to your discharge. The NOE determines eligibility based on medical evidence that a disability condition was incurred or aggravated during a period of active duty.  Despite your VA rating, the Board was unable to establish that your disability conditions were incurred or aggravated while on active duty. The Board is aware that you were injured while on active duty and received a Purple Heart Medal. However, the Board also noted that you completed your period of active duty successfully and served as an inactive-duty Reservist, performing above fleet standards through 15 July 2008—a period of almost one year after your release from active duty.  Therefore, the Board was unable to establish that your disability conditions that formed the basis for your NPQ determination were incurred or aggravated while on active duty.  Based on the fact you were not issued a NOE, the Board concluded that the preponderance of the evidence does not support a finding that you qualified for referral to the DES or placement on the disability retirement list.  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, 

4/8/2020