DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF-NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 
Docket No. 7158-15 
HAY 1 01016 


This is in reference to your.application for correction of your naval record pursuant to. the provisions of 10 use 1552. 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to wai ve the stat1,lte of limitations and consider your case on its merits~ A three-member panel of the Board for Correction of Naval Records, sitting in executive sessi on, considered your application on 15 April 2016. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicabl e to the proceedings of this Board. Documentary material considered by the Board consis~ed of your application, ·together with all material submitted in support· t.hereof ~ your naval record and applicable statutes, r egulations and policies.. 

A review of your record shows that you entered the Navy Reserve in 2005 and went on medical leave in 2006 after completing your entry level training. On 14 .June 2007, you were issued a Line of Duty non­compliance letter for failing to provide monthly updates on your medical status . On 28 November 2007, you :were notified that you were being administratively processed for unsatisfactory participation, a notice the U.S. PostalService certified mail records show you . accepted on 6 Decembe:t. 2007, On 8 May 2008, you were finally discharged for unsatisfactory participation after not drilling with your unit from April 2007 until March 2008. Subsequent to your · discharge, you were rated by the Department of Veterans Affairs (VA) on 17 April 2014 for a number of service c:·onnected disabilitie.s. 

The Board carefully considered your arguments that you deserve a disability discharge based on service connected disabilities. You contend that you were infprmed that you were being processed for a medical board before you were discharged. · Unfortunately, the Board disagreed with your rationale for rel ief. : First, t here is no evidence in your record that you were being processed for a medical board. Your command repeatedly attempted to get your medical information before administratively separating you for failing to show up for drills. Second, there is no evidence in your r ecord that you were unf it for continued naval service due to a physical disability incurred or aggravated in the service. since you failed to provide your command with the necessary medical eyidence required to determine whet her you were physically fit to continue in the Reserve, the Board lacked any evidence that you were unfit . . Third, the VA's determination that you suffered from service connec·ted disabilities approximately six years after you were discharged was not dispositive of the issue of fitness for continued service since 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. Fourth, you were processed for misconduct related to your unsatisfactory participation in t he Reserve. This misconduct processing would have superseded any disability processing even if you were refe:r_-:red to the Disability Evaluation System. Accordingly, the Board was unable to find an error or injustice warranting a correction to your record and denied your applicati on. The names and votes of the members of the panel will be furnished upon request. 

It is regretted that the circumstan.ces of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider i~s 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 this regard, ~t 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, 

Executive Director 
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