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. 
 
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 29 October 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 the Naval Academy in 2010 after attending the Naval Academy Preparatory School.  During your first two years of Naval Academy attendance, you struggled academically resulting in your eventual referral to the Naval Academy Academic Board in May 2011.  After you were recommended for disenrollment by the Academic Board, Superintendent, U.S. Naval Academy approved your disenrollment in June 2011 resulting in your discharged from the Navy.  While you were pending discharge, you were being seen concurrently by medical for a left shoulder condition that you injured while practicing jujitsu.  You were last seen by the Orthopedics Department on 25 May 2011 that determined your left shoulder condition did not affect your eligibility for discharge.  You were medically cleared to separate on 26 May 2011.  Post-discharge, you assert that you required surgery to your shoulder that was covered by TRICARE. 
 
The Board carefully considered your arguments that you deserve a disability discharge based on your post-discharge surgery and coverage of related surgical costs by TRICARE.  You assert that your post-discharge treatment substantiates that you were unfit for continued naval service at the time of your discharge from the Navy.  Unfortunately, the Board disagreed with your rationale for relief.   
 
After reviewing your record, the Board concluded the preponderance of the evidence does not support a finding that you were unfit at the time of your discharge due to your shoulder condition.  The Manual of the Medical Department Chapter 15-20 requires separation examinations and evaluations for separating members and states “comprehensive evaluations are conducted for the purposes of ensuring that Service members have not developed any medical conditions while in receipt of base pay that might constitute a disability that should be processed by the Physical Evaluation Board (PEB) and to ensure Servicemembers are physically qualified for recall to additional periods of active duty.  Thus, the standards for being physically qualified to separate are the same as those being qualified to continue active duty Service … .”  You underwent a separation physical on 26 May 2011 and were medically cleared for separation.  In addition, you underwent an Orthopedic evaluation on 25 May 2011 that determined you were “certainly fit for separation as is.”  Based on the medical evidence that determined you were fit for separation, the Board concluded you were not unfit for continued naval service at the time of your discharge.  The fact you required post-discharge shoulder surgery that was covered by TRICARE did not persuade the Board that you were unfit at the time of your discharge since potential intervening factors may have impacted your shoulder condition after your discharge.  As a result, the Board determined the best evidence in your case was the medical evaluations that occurred contemporaneous with your separation from the Naval Academy.  Finally, the fact TRICARE determined your expenses were eligible for payment did not convince the Board you were unfit since payment of TRICARE claims is unrelated to unfitness determinations.  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,