DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No_ 7124-15 1. This is in reference to your application for correction of your naval I ! record pursuant to the provisions of 10 USC 1552. ' I Although your application was not filed in a timely manner, the Board f ound 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 for Correction of Naval Records, sitting in executive session, considered your application on 15 Apri l 2016. 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, your naval record and applicable statutes, regulations and policies. A review of your record shows that you re-enlisted in the Navy in December 1983 after serving seven years of prior service. on 27 May 1988, you were discharged as a result of a physi~al disability. The Board carefully considered your arguments that you deserve a disability retirement as a result of your current physical condition. You contend that you have a 90% disability rat ing from the Department of Veterans Affairs (VA) and received individual unemployment at 100%. Unfortunately, the Board was unable to find sufficient evidence to support relief in your case. The Board did not have access to your VA records or medical records to support your contention that your disability was incorrectly rated by the Physical Evaluation Board pr ior to your discharge. In addition, you provided no evidence to support the relief you request. Accordingly, t he Board was unapl e to find an error or injustice warranting a corr ection to your record and denied your application. The names and votes of the members of the panel will be furnished upon request . I t 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 evidence within one year from the date of the Board's decision. New evidence is evidence not previously considered by the Board prior to making its decision in this case. In t his 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,