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

Docket No. 1998-20 
Ref: Signature Date 

Dear , 

This is in reference to your application of 10 February 2020 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 that 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 9 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.

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 issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

A review of your record shows that you commissioned in the Navy Reserve as a Nurse Corps Officer on 9 November 1989.  On 29 March 2000, you were transferred to standby inactive reserve status.  While in an inactive status, you were diagnosed with invasive ductal carcinoma in February 2003 which eventually resulted in a bilateral mastectomy in August 2003.  Meanwhile, you were recommended for separation in a Board of Officers report that was approved on 27 June 2003. You were subsequently discharged on 29 August 2003 by Commanding Officer, Naval Reserve Personnel Center, New Orleans. 

The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to disability.  You assert that it was unjust to discharge you after developing breast cancer while in the Navy Reserve.  Unfortunately, the Board disagreed with your rationale for relief.  The Board concluded you did not qualify for referral to the Disability Evaluation System since there was no evidence that your invasive ductal carcinoma was incurred or aggravated during a period of active duty.  The medical evidence documents that your disability condition was diagnosed approximately three years after you were placed in an inactive duty status.  Therefore, absent evidence that shows you met the requirements for military disability benefits, the Board concluded the preponderance of the evidence does not support the relief you request.  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 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 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,