DEPARTMENT OF THE NAVY 

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


Docket No. 6291-16 
JUL 31 2017 


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, ~itting in executive session, 
considered your application on 29 June 2017. 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. In addition, the Board considered the advisory 
opinion contained in Director CORB ltr 5220 CORB: 002 of25 Apr 2017; a copy ofwhich was 
provided to you for comment. 

A review of your record shows you entered active duty with the Navy in September 1997 and 
served until your transfer to the Navy Reserve in 2014. On 20 May 2015, you were determined 
to be Not Physically Qualified for Retention resulting in your request to be placed on the retired 
list. On 1 October 2015, you were transferred to the Retired Reserve. 

The Board carefully considered your arguments that you deserve to be placed on the Permanent 
Disability Retirement List due to a number ofdisability conditions that you assert existed prior to 
your transfer to the Navy Reserve. Unfortunately, the Board disagreed with your rationale for 
relief. In making their findings, the Board substantially concurred with the advisory opinion 
contained in Director CORB ltr 5220 CORB: 002 of25 Apr 2017. Specifically, the Board was 
unable to find evidence that your disability conditions created a substantial occupational 
impairment to warrant a finding ofunfitness for continued naval service prior to your release 
from active duty. On 29 May2014, you were medically screened and cleared by a Navy 
Physician who reviewed your various noted physical conditions. Your last two Fitness Reports 
showed that you were recommended for Early Promotion and earned trait averages of3.5 and 
4.29, respectively. These facts convinced the Board that insufficient evidence exists to conclude 
you were unable to perform your military duties due to a qualifying disability prior to your 
transfer to the Navy Reserve. So despite the Department ofVeterans Affairs decision to rate you 
for a number ofservice connected disabilities, the Board was not convinced you were unfit for 
continued naval service since 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. 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 
at this time. You are entitled to have the Board reconsider its decision upon the submission of 
new and material evidence. New evidence is evidence not previously considered by the Board. 
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