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

Docket No. 2931-20 
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 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 11 June 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 in July 2013.  A medical board diagnosed you with Diabetes Mellitus Type I on 21 February 2018 and referred you to the Physical Evaluation Board (PEB).  On 8 May 2018, the PEB found you unfit for continued naval service due to your diabetes condition and assigned your unfitting condition the proposed Department of Veterans Affairs (VA) disability rating of 20%.  After you accepted the PEB findings, you were discharged from the Navy on 29 August 2018 with severance pay.  Post-discharge, the Department of Veterans Affairs assigned you a combined rating of 100%.
 
The Board carefully considered your arguments that you deserve to be placed on the disability retirement list.  You assert that the PEB erroneously rated your diabetes condition at 20% despite evidence you qualified for a higher disability rating.  Unfortunately, the Board disagreed with your rationale for relief.  Department of Defense Manual 1332.18 requires the PEB to apply proposed VA ratings for PEB referred conditions.  Accordingly, the Board found no error with the PEB’s decision to adopt the VA’s proposed rating since you chose not to request reconsideration of the VA’s proposed rating and accepted the PEBfindings in your case.  Further, the Board found no evidence that the VA made an error in assigning you a 20% rating, e.g. a VA letter acknowledging clear and unmistakable error in assigning you a 20% rating for your diabetes condition.  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,