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 10 December 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 opinion contained in Psychiatric Advisor CORB letter 1910 CORB: 002 of 10 September 2020 and Director CORB letter 1910 CORB: 001 of 30 September 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 January 2010.  Within a brief period of active duty, you were evaluated for bilateral leg pain that later revealed stress fractures of your right tibia and left fibula, pes planus, shin splints, and Tibial Tendonitis.  You were initially referred to the Physical Evaluation Board (PEB) in July 2011 for your leg conditions before a determined was made that your conditions were related to a preexisting pes planus condition that did not qualify for referral to the PEB.  In the meantime, as part of the Integrated Disability Evaluation System (IDES), the Department of Veterans Affairs assigned proposed ratings of Patellofemoral syndrome, left knee (0%), Patellofemoral syndrome, right knee (0%), Left shin splint, status post stress fracture (0%), Right shin splint, status post stress fracture (0%), Bilateral pes planus with plantar fasciitis (0%), left ankle strain (10%), right ankle strain (10%), lumbar strain (30%), and Major Depressive Disorder (70%).   However, your PEB was cancelled on 23 September 2011 resulting in your administrative separation for condition not a disability on 14 November 2011.   
 
The Board carefully considered your arguments that you deserve to be placed on the disability retirement list or be referred to the PEB for adjudication.  You assert that your administrative separation was improperly cancelled and that you were unfit for your leg conditions as well as back pain and depression.  Unfortunately, the Board disagreed with your rationale for relief.  In making their findings, the Board substantially concurred with the advisory opinions in your case.   
 
In reviewing your record, the Board agreed with the advisory opinion that the preponderance of the evidence does not support your placement on the disability retirement list.  The proposed VA ratings assigned to your leg conditions would total 20% if the Board concluded your bilateral ankle strain was unfitting at the time of your discharge.  All your other referred leg disability conditions were assigned disability ratings of 0%.  Since the PEB is mandated to adopt the proposed VA ratings as part of the IDES, the Board concluded you would not have qualified for placement on the disability retirement list even if the PEB had considered your case and found you unfit with a 20% disability rating.  Further, as pointed out in the advisory opinions, the Board found no evidence that supports a referral to the PEB for you back pain and depression.  Both conditions were treated by your medical providers and did not result in a referral to the PEB based on lack of evidence that they caused a sufficient occupational impairment to merit a referral.  The Board noted that you were found psychiatrically fit for full duty on 17 August 2011; approximately three months prior to your discharge from the Navy.  Additionally, you were treated intermittently for your back condition since August 2010 without any referral to a medical board.  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,