DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 701 $ .COURTHOUSE ROAD •. SUITE 1001 ARLINGTON, VA 22204-2490 
Docket No. 6597-15 
HAY 2 02016 


Th is is in reference to your application for correction of your naval r ecord pursuant to the provisions of 10 USC 1552. Your case was r econsidered in accordance with procedures. that conform to Lipsman v. Secretary of t he Army, 335 F. Supp. 2d 48 (D.D.C. 2004). You were previously denied relief on 21 March 2013 . 

~ three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on · 8 April 2016. Your allegations of error and injustice were reviewed in accordance with administrative regulati ons and procedures applicable to the proceedings of this Board. Document ary material considered by the Board consisted of your application, t ogether wit h all material submitted in support thereof, your naval record and applicable s t atutes, regulations and policies. However, a fter careful and conscientious consideration of the entire record, the Board determined that while your request does contain new information not previously considered by the Board, including your reference to the Secretary of Defense (SECDEF) Memorandum of 3 September 2014, a new Department of Veterans Affairs (VA) disability rating for your asthma condition, and a Physical Disability Board of Review (PDBR) letter, it does not warrant relief . Accordingly, your r equest has been denied. The names and votes of the members of the panel will be furnished upon request. 

The Board carefully considered your arguments that you deserve to be placed on the Permanent Disability Retirement List . You contend that your VA service connected disability ratings substantiate your allegation that the Physi cal Evaluation Board made an error in .evaluating your existing disability condition.s. SECNAVINST 1850.4E provides t he standard to be used in maki ng determinations of physi cal disability as a basis for retirement or separation. A service member must be unfit to perform the duties of office, grade, rank.or rating because of disease or injucy incurred or aggravated while ent.itled to basic pay. Each case is considered by relating the nature and degree of physical disability of the member to the requirements and duties 
that member may reasonably be expected to perform in his or her office, grade, rank or rating. So the mere presence of a medical 
condition or specific correspondence of any manifestations thereof to an entry indicating a disability rating contained in the VA Schedule for Rating Disabilities is insufficient to warrant either a finding of unfitness for continued naval service or a specific disability rating by the PEB in the absence of demonstrated duty performance impairment of sufficient magnitude as to render a Service member unfit for continued naval service. By contrast, eligibility for compensation and pension disability ratings by the VA is tied to the establishment of service connection and is manifestation-based without a requirement 
that unfitness for military duty be demonstrated. As explained in this Board decision to deny relief in 2013, your VA disability ratings were issued without regard to fitness for duty. You presented no new evidence that shows that your VA rated conditions, other than your seizure disorder, were unfitting for continued naval service prior to your discharge. Additionally, the Board concluded that the SECDEF policy of 3 September 2014 is inapplicable to your case since it applied to discharge upgrades for service members diagnosed with Post­traumatic Stress Disorder; criteria that does not apply to your case. Finally, the Board did not find the PDBR's letter pertinent to the issue you are alleging as an error. Based on these findings, the Board concluded that no error or injustice exists in your case. 

It is regrettable that the circumstances of your case are such that the Board will not process any additional reviews and this matter is considered a final action. However, if you wish to continue to seek relief you will need to present your concerns to a federal court of appropriate jurisdiction. 
Sincerely, 
. --··-·~ Executive Director 
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