DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
 
Docket No. 538-16 

OCT 17 2016 

Dear 

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

Although your application was not filed in a timely manner, the Board found it in the interest of 
justice to waive the statute oflimitations and consider your case on its merits. A three-member 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your · 
application on 29 September 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 of your record shows that you entered active duty with the Navy in September 2004. 
On 26 January 2005, the Physical Evaluation Board (PEB) found you unfit for continued naval 
service due to Quillian-Barre Syndrome and rated your condition 40% disabling. You were 
placed on the Temporary Disability Retirement List (TDRL) on 31 March 2005. Subsequent to 
your placement on the TDRL, the Department of Veterans Affairs (VA) rated your QuillianBarre 
Syndrome condition at 20% on 20 September 2005. After a periodic evaluation, the PEB 
reduced your disability rating for Quillian-Barre Syndrome consistent with the VA's 20% 
combined rating. Based on the PEB's rating, you were discharged from the Navy with severance 
pay on 21 November 2006. 

The Board carefully considered your arguments that you should be placed on the Permanent 
Disability Retirement List since you continue to suffer from the conditions which were incurred 
while on active duty. You contend that you continue to receive treatment from the VA. 
Unfortunately, the Board disagreed with your rationale for relief. The Board was not convinced 
that your Quillian-Barre Syndrome should have been rated at 30% or greater at the time you 
were discharged by the Navy. The Board was persuaded by the evidence that showed 
consistency between the VA's and PEB's disability ratings ofyour condition. Absent evidence 
that both organizations rated your condition incorrectly, the Board felt insufficient evidence 
exists to overturn your PEB rating. 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 ofthe 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 in this case. In this regard, it is important to 
keep in mind that a presumption ofregularity 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 ofprobable material error or injustice. 

Sincerely, 


Executive Director