DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 2406-16 
JAN 03 2017 

Dear
 
This is in reference to your application for correction ofyour 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 waive the statute of limitations and consider your case on its merits. A three-member 
panel of the Board for Correction ofNaval Records, sitting in executive session, considered your 
application on 17 November 2016. Your allegations oferror 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 ofyour application, together 
with all material submitted in support thereof, your naval record and applicable statutes, 
regulations and policies.

A review ofyour record shows that you were placed on the Permanent Disability Retirement List 
on 23 September 1987 by the Physical Evaluation Board due to your seizure disorder and 
organic brain syndrome; both related to viral encephalitis. 

The Board carefully considered your arguments that you deserve to be retired with 20 years of 
creditable service based on the fact you were involuntarily retired due to a disability incurred 
while on active duty and iatended to qualify for a longevity retirement. Unfortunately, the Board 
did not agree with your rationale for relief. The Board concluded that insufficient mitigation 
evidence exists to warrant changing your retirement status. While the Board appreciates that you 
desired to complete in excess of20 years of creditable service, granting you almost 17 years of 
service credit for time not served would not be equitable to other service members who 
honorably completed sufficient time to.retire from the service and would create a precedent for 
other servicemembers who also desired to serve 20 years ofmilitary service before suffering a 
disability that shortened their military career. 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. 

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 ofthe Board's decision. New evidence is evidence not previously 
considered by the Board prior to making its decision inthis 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