DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 No. 2121-16 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 ofNaval Records, sitting in executive session, considered your application on 26 January 2017. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings ofthis 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. In addition, the Board considered the advisory opinion contained in CORB letter 5220 CORB: 002of1 November 2016; a copy of which was previously provided to you for comment. A review of your record shows you entered service with the Navy Reserve in September 2000. You deployed in support of Operation Enduring Freedom in 2005 and served until 7 April 2007. You suffered an accident at your civilian employment that resulted in a finding ofNot Physically Qualified (NPQ) by your command in February 2011 and BUMED in January 2014. You were discharged at the end ofyour obligated service on 14 March 2014. On 24 November 2015, the Department of Veterans Affairs (VA) issued you a combined 100% disability rating. The Board carefully considered your arguments that you deserve to be placed on the disability retirement list. You assert that you were not provided the opportunity to request a Physical Evaluation Board (PEB) review prior to your discharge. Unfortunately, the Board disagreed with your rationale for relief. In making their decision, the Board substantially concurred with the advisory opinion contained in CORB letter 5220 CORB: 002of1November2016. Specifically, the Board was unable to find evidence in your record that you were suffering from a qualifying disability that made you unfit for continued naval service. The condition for which you were determined to be NPQ was not incurred in the line of duty according to your own statement. Therefore, the Board concluded it was not considered a qualifying disability for military disability benefits. Further, the Board determined you were afforded due process right related to your NPQ determination but failed to exercise them since you did not receive your rights notifications in a timely manner due to personal circumstances. 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 ofthe members of the panel will be furnished upon request. In regard to your request for a personal appearance, be advised that the Board regulations state personal appearances before the Board are not granted as a right, but only when the Board determines that such an appearance will serve some useful purpose. In your case, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of the record. It is regretted that the circumstances ofyour 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 official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. Sincerely, Executive Director