DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Dear , This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code. 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 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 30 September 2021. 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 Senior Medical Advisor CORB letter 5220 CORB: 002 of 28 June 2021 and Director CORB letter 5220 CORB: 001 of 6 July 2021; 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 1986. During your active duty service, you were treated for possible Varicella, back and neck stiffness, and eventually diagnosed with Fibromyalgia, Obstructive Sleep Apnea, and Depression. In addition, you underwent a Septoplasty in April 1996. Ultimately, you were referred to the Physical Evaluation Board (PEB) and found unfit for Fibromyalgia and Depressive Disorder with a combined 20% disability rating. Based on your PEB findings, you were discharged with severance pay on 15 September 1997. Post-discharge, the Department of Veterans Affairs rated you for Obstructive Sleep Apnea, Fibromyalgia, Major Depressive Disorder, and determined you were individually unemployable in 2012. The Board carefully considered your arguments that you deserve to be placed on the disability retirement list for your Fibromyalgia, Depression, Sleep Apnea, and Varicella conditions. You argue that the Navy made your Sleep Apnea worse with the Septopasty procedure and this worsened your depression symptoms. 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 determined that the preponderance of the evidence does not support changing your PEB findings to increase your disability ratings for your Fibromyalgia and Depressive Disorder or to include additional findings of unfitness for Obstructive Sleep Apnea and Varicella. In making this finding, the Board considered the medical evidence in your record that indicated your Fibromyalgia and Depressive Disorder were manageable at the time of your discharge and relatively consistent, despite the fact approximately eight years had elapsed, with the VA ratings that were assigned closest to your active duty release date. Additionally, as pointed out in the advisory opinions, the deterioration of your unfitting disability conditions post-discharge does not support a finding that a similar level of impairment existed at the time of your release from active duty. Therefore, absent evidence that you suffered occupational impairment for your Obstructive Sleep Apnea and Varicella conditions, the Board concluded that the preponderance of the evidence does not support a finding of unfitness for these conditions. Accordingly, the Board determined insufficient evidence of error or injustice exists to warrant a change to your record. The Board determined that your personal appearance, with or without counsel, would 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. 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, 10/05/2021 Deputy Director