DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 701· S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 
 
Docket No. 7604-15 
HAY 2 0 2016 


This is in reference to your applicat ion for correction of your naval record pursuant to the provisions of 10 USC 1552 . 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of l imitations 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 29 April 2016. Your allegations of error and i njusti ce were reviewed i n accordance with admi ni strative regulations and procedures applicabl e to the proceedings of t his Board. Documentary material consider ed 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 the Physical Evaluation Board (PEB) determined you were unfit for continued navai service on 24 June 2011 for lumbar spondylosis . You requested reconsideration of the i nformal PEB's findings and provi ded medical evidence t hat you suffered from stenosis and neuropathy. On 20 October 2011,_ the informal PEB determined that your neuritis was unfitting but a contributing condition to your lumbar spondylosis and amended your unfitting condition to include the stenosis. Af.ter the Department of Veterans Affairs affirmed t heir 20% disability rating for your unfitting condition, your PEB case was finalized on 29 December 2011 result ing in your di scharge on 30 March 2012. 

The Board careful l y cons i dered -your arguments that you deserve disability retirement since the PEB failed to consider the most current treatment records before making their decision . Unfortunately, the Board disagreed with your rationale for relief. The Board noted that you were afforded all t he due process rights afforded to servicemembers by SECNAVI NST 1850.4E. You exercised several of those right s to i nclude a request for reconsideration by the informal PEB. As part of your request for reconsideration, you had the opportunity to present evidence to the PEB that you considered relevant to your case. The Board determined that even if there was evidence that the PEB di d not consider particular evidence in your case, t he fact you were afforded the opportunity to present evidence ~o the PEB through the reconsideration process, a right you exercised, and through a formal hearing, which you waived, el iminates any i njustice or error in your case. Accordingly, the Board was unable to find an error or injustice warranting a corre~tion to your record and denied your application. Your request for a personal appearance before the Board has also been denied. The Board felt it had sufficient evidence to make a decision in your case and your presence was not required. The names and votes of the members of the panel will be furnished upon r equest. 
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 decisi on 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 pri or to making its decision in this case. 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, 

Execut ive Director 
2