DEPARTMENT OF THE NAVY 

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

Docket No. 7308-16 

JUL 31 2017 

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 13 July 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 ofyour 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 
letter 5220 CORB: 002 of23 May 2017; a copy ofwhich was provided to you for comment. 

A review ofyour record shows that you entered active duty with the Navy in February 1998. On 
5 May 2005, you were determined to be unsuitable for operational assigmnent to sea duty due to 
a number ofphysical conditions. On 22 July 2005, you were notified ofadministrative 
separation processing due to unsuitability for operational duty based on condition not a disability 
and were discharged on 7 September 2005. In June 2016, the Department ofVeterans Affairs 
(VA) issued a combined disability ratings letter that shows you have an 80% disability rating and 
are being treated for Post-Traumatic Stress Disorder (PTSD) and Sleep Apnea. 

The Board carefully considered your arguments that you deserve to be placed on the Permanent 
Disability Retirement List. You assert that you were suffering from PTSD and Sleep Apnea at 
the time ofyour discharge and you should have been referred to the Disability Evaluation 
System. 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 of23 May 2017. Specifically, the Board agreed with the advisory 
opinion that there was insufficient evidence to show you were suffering from PTSD or that your 
existing disability conditions created a substantial occupational impairment that warranted your 
referral to a medical board. The Board relied upon the lack ofmedical evidence that showed you 
were being diagnosed or treated for PTSD and your performance record that shows you were 
performing above average just prior to your discharge. Your VA rating was not persuasive 
evidence to the Board since eligibility for compensation and pension disability ratings by the VA 
is tied to the establishment ofservice 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 ofthe 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.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 ofprobable material error or injustice. 

Sincerely, 

Executive Director