DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 
Docket No. 7388-15 
HAY 2 0 2016 

This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552. 
Although your appli cation 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 for Correction of Naval Records, sitting in executive session, considered your application on 15 April 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 entered the Navy Reserve after your discharged from the Coast Guard in May 1979. Your statement of service shows that you had one qualifying year f or retirement between March 1989 and March 1990. You also completed one partial ye~r that did not qualify for retirement between March 1990 and March 1991 with no additional qualifying years unti l you were discharged in 1997; The Board carefully considered your arguments t hat you de.serve a disability retirement since you were wrongfully discharged with a disability. Unfortunately, the Board did not find any basis to grant you relief. In order to qualify for a disability retirement, you must possess a disability that is incurred while on duty that makes you unfit for continued naval service. In your case, the Board determined proof of neither element exists. While there is evidence you underwent back surgery in 1993 in a civilian hospital, there is no evidence to support your condition was incurred.or aggravated by your service. In addition, the Department of Veterans Affairs ratings you provided shows that you are currently rated at 0% for bi-lateral knee strains with no evidence that shows these conditions were unfitting for continued naval service at t he time of your discharge. Based on the available evidence, the Board was unable to conclude that you were 
improperly discharged from the Navy Reserve. Accordingly, the Board ·was unable to find an error or injustice warranting a correction to your record and denied your application. The names and votes of the members of the panel wi ll be furnished upon request. 

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 evidence within one year from the date of the Board's· decision. New evidence is evidence not previously co.nside.red by the Board prior to making its decision in t his case. I n this regard, it is important to keep in mind that a presumption of r egularity 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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