DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS 701S. COURTHOUSE ROAD,SUITE  1001 ARLINGTON,VA    22204-2490
RJO
Docket No. 0985-15.
July 13, 2015

Dear

This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552.

A three-member panel of the Board for Correction of Naval Records·, sitting in executive session, considered your application on 13 July 2015.	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.

After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insuff icient to establish the existence of probable material error or injustice.	The
Board did not find sufficient evidence in your case that would require a change to your Physical Evaluation Board (PEB) case . The Board took into consideration your contention that the PEB failed to properly
find Major Depression and Traumatic Brain Injury (TBI) with headaches as un'fitting conditions.- However, the Board noted in your record that the PEB carefully considered your treatment record in making their decision on these two conditions and made specific notes regarding their decision to find these conditions unfitting.	The Board determined that the mere presence of a medical condition or specific correspondence. of any manifesta.tions thereof to an entry indicating a disability rating contained in the Department of Veterans Affairs (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 Department of Veterans Affairs action is tied to the establishment of service connection and is manifestation-based without a requirement that

Docket No. 0985-15

unfitness for military duty be demonstrated. So the fact that the VA rated you for service connected conditions or that the Socia1 Security Administration determined you were disabled, was not persuasive to .the Board since they do not consider your unfitness for military duty.
Finally, the Board noted that you accepted the findings of the Integrated Disability Evaluation System and waived your right to submit evidence challenging the findings. Those facts convinced the Board that a change in the PEB's decision was not warranted in your case.	Accordingly, your applicati on has been denied.	The names and votes of the members of the panel will 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 considered by the Board prior 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 offic.ial naval
record, the burden is on the applicant to demonstrate the existence of · probable material error or injustice .

Executive Director

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