DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
 
Docket No. 460-16 
OCT 03 2016 

Dear , 

This is in reference to your application for correction of your naval record pursuant to the 
provisions of 10 USC 1552. Your case was reconsidered in accordance with procedures that 
conform to Lipsman v. Secretary of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004). You were 
previously denied relief by the Board on 2 November 2015. 

A three-member panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 8 September 2016. Your allegations oferror 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. However, after careful and conscientious 
consideration ofthe entire record, the Board determined that while your request does contain 
new information not previously considered by the Board, it does not warrant relief. Accordingly, 
your request has been denied. The names and votes of the members ofthe panel will be furnished 
upon request . 

The Board carefully considered your arguments that you were suffering from a chronic back 
condition that warranted your referral to a medical board. You assert that you should be placed 
on the Permanent Disability Retirement List due to your condition. Unfortunately, the Board 
disagreed with your rationale for relief. The Board considered the medical evidence you 
provided regarding the treatment ofyour back condition including your placement on limited 
duty on 29 April 2013. However, despite the evidence that you continued to receive treatment 
on your back through January 2014 after being removed from limited duty, the Board determined 
there was insufficient evidence to support a finding ofunfit for continued naval service since you 
were determined to be fit for full duty on your separation physical and issued a reentry code 
consistent with that medication determination. The Board concluded that you voluntarily 
decided not to reenlist in the Marine Corps despite possessing a reentry code that contained no 
medical disqualifications. Since there was no evidence the Marine Corps or Navy physicians 
considered you medically unfit for continued naval service, the Board concluded insufficient 
evidence exists to support a finding that you should be placed on the Permanent Disability 
Retirement List. It is important to note that the mere presence of a medical condition or specific 
correspondence of any manifestations thereof to an entry indicating a disability rating contained 
in the Department of Veterans Affairs Schedule for Rating Disabilities is insufficient to warrant 
either a finding of unfitness 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. The lack 
of evidence showing a demonstrated duty performance impairment at the time of your discharge 
is what led the Board to conclude no error or injustice exists in your case. 

It is regrettable that the circumstances ofyour case are such that the Board will not process any 
additional reviews and this matter is considered a final action. However, if you wish to continue 
to seek relief you will need to present your concerns to a federal court ofappropriate jurisdiction. 

Sincerely, 


Executive Director