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 relevant portions of your naval record and your application, 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. 
 
A three-member panel of the Board, sitting in executive session, considered your application on  20 August 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.  In addition, the Board considered the advisory opinions contained in Psychiatric Advisor CORB letter 1910 CORB: 002 of 12 June 2020 and Director CORB letter 1910 CORB: 001 of 18 June 2020; copies of which were previously provided to you for comment. 
 
A review of your record shows that you entered active duty with the Navy in February 2015.  After initially experiencing left shoulder pain in 2017, you eventually underwent left shoulder arthroscopic surgery in June 2018.  However, due to continued shoulder pain symptoms, a medical board referred you to the Physical Evaluation Board (PEB) in August 2018 despite an unremarkable Magnetic Resonance Imaging (MRI) of your shoulder.  That same month, a medical board addendum diagnosed you with radicular pain associated with a Cervicalgia.  The PEB found you unfit due to Cervicalgia and concluded your shoulder condition was not separately unfitting.  The PEB adopted the Department of Veterans Affairs proposed 20% rating for your Cervicalgia resulting in your discharge from the Navy on 27 February 2019. 
 
The Board carefully considered your arguments that that your PEB rating doesn’t properly reflect your physical condition at the time of your discharge from the Navy.  You rely on your service connected VA ratings to substantiate that the PEB erroneously rated you at 20%.  Unfortunately, the Board disagreed with your rationale for relief.  In making their findings, the Board substantially concurred with the advisory opinions in your case.  Specifically, the Board found no error with the PEB findings in your case based on the lack of evidence that your other VA rated disability conditions were unfitting. 
 
In order for a service member to be found unfit for continued naval service, the member must be unable to perform the duties of their office, grade, rank or rating as a result of a qualifying disability condition.  In your case, the Board found the preponderance of the evidence supports the PEB determination that your cervical condition was the only unfitting condition.  The Board relied on the Aug 2018 MRI that showed your left shoulder was normal to conclude that your continuing radicular pain symptoms were, more likely than not, due to your cervicalgia.  The Board also relied on your non-medical assessment that concluded your occupational impairment was due to your radicular pain symptoms vice other disability conditions.  As pointed out in the advisory opinions, the medication side effects and depression symptoms mentioned in your non-medical assessment were secondary to your cervicalgia symptoms and would not have been separately unfitting.  Based on the lack of evidence that showed you were suffered an occupational impairment as a result of your other VA rated disability conditions, the Board concluded that the preponderance of the evidence does not support relief in your case.  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 issues 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 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.