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  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. 
  
A review of your record shows that you underwent a right shoulder posterior labral repair in 2012 and entered the Navy with a medical waiver.  After commencing active duty on 3 January 2019, you experienced right shoulder pain shortly after entering basic training.  On 21 March 2019, a medical board diagnosed you with a right shoulder labral tear and right shoulder bicep tendonitis and referred you to the Physical Evaluation Board (PEB).  The PEB found you unfit on 7 June 2019 but concluded your right shoulder condition was a preexisting condition not aggravated by your active duty service.  As a result, you were discharged on 18 August 2019 for a preexisting disability condition pursuant to your PEB findings.  Post-discharge, the Department of Veterans Affairs (VA) granted you a 20% disability rating for your right shoulder. 
 
The Board carefully considered your arguments that you deserve a change to your PEB findings to reflect your right shoulder condition was not a preexisting disability condition.  You rely on your VA rating as evidence that the PEB findings were erroneous.  Unfortunately, the Board disagreed with your rationale for relief.   
 
In order to qualify for military disability benefits through the Disability Evaluation System with a finding of unfitness, a service member must be unable to perform the duties of their office, grade, rank or rating as a result of a qualifying disability condition that is incurred or aggravated during a period of active duty.  In your case, the Board concluded that the preponderance of the evidence does not support a finding that your right shoulder condition was incurred or aggravated during your brief period of active duty.  In reviewing your record, the Board determined that your right shoulder labral tear was incurred in 2012 and you entered active duty with a medical waiver despite your preexisting condition.  Therefore, the Board considered whether your right shoulder condition was aggravated during your active duty period.  An aggravation of a disability condition occurs when a disability condition progresses beyond the natural progression of the condition.  The Board concluded this did not occur in your case.  Relying on your medical board report of 21 March 2019, the Board found that you suffered the same injury for which you received a medical waiver to enter the Navy.  Therefore, the Board determined your condition did not progress beyond the natural progression of a right shoulder labral tear and did not qualify as a compensable disability condition under the Disability Evaluation System (DES).  Therefore, despite the fact the VA determined you qualified for a disability rating, the Board found no evidence to support a similar finding under the DES.  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,