DEPARTMENT OF THE NAVY 

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

Docket No. 2770-16 
JAN 03 2017 

Dear

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

A three-member panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 17 November 2016. 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 ofyour 
application, together with all material submitted in support thereof, your naval record and 
applicable statutes, regulations and policies. 

A review of your record shows you entered active duty with the Navy on 20 August 2013. You 
were discharged on 5 June 2014 for a Condition not a disability with a Honorable 
characterization of service. Subsequent to your discharge, you were issued a combined 90% 
disability rating for your service connected disabilities by the Department ofVeterans Affairs. 

The Board carefully considered your arguments that you deserve a Department of Defense 
disability rating consistent with your VA issued rating. Unfortunately, the Board felt it lacked 
sufficient evidence to grant relief in your case. Absent evidence that you were unfit for 
continued naval service due a disability incurred or aggravated by your military service, the 
Board concluded you were appropriately discharged. The Board relies on a presumption of 
regularity to support the official actions ofNavy personnel and, in the absence of substantial 
evidence to the contrary, will presume that they have properly discharged their official duties. In 
addition, the Board noted that a service member must be unfit to perform the duties of office, 
grade, rank or rating because ofdisease or injury incurred or aggravated while entitled to basic 
pay. Each case is considered by relating the nature and degree ofphysical disability ofthe 
member to the requirements and duties that member may reasonably be expected to perform in 
his or her office, grade, rank or rating. So the mere presence of a medical condition or specific 
correspondence ofany manifestations thereof to an entry indicating a disability rating contained 
in the VA Schedule for Rating Disabilities is insufficient to warrant either a finding ofunfitness 
for continued naval service or a specific disability rating by the Physical Evaluation Board in the 
absence ofdemonstrated 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 VA is tied to the establishment of service connection and is 
manifestation-based without a requirement that unfitness for military duty be demonstrated. In 
your case, there was no evidence presented that you suffered from a disability that created an 
occupational impairment sufficient to warrant your referral to a medical board. 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 ofyour case are such that favorable action cannot be taken. 
You are entitled to have the Board reconsider its decision upon submission ofnew 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 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 ofan official naval record, the burden is on the applicant to 
demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director