DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 
RJO Docket No. 209-17 

Dear

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

A three-member panel of the Board for Correction ofNaval Records, sitting in executive session, considered your application on 20 July 2017. Your allegations of error 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 of your 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 service with the Navy Reserve in August 1999 and earned approximately 12 years of creditable service toward retirement. On 1 August 2016, you were notified that you were determined to be Not Physically Qualified (NPQ) for retention in the Navy Reserve. You elected to be retired but did not possess sufficient service credit to qualify for early retirement, as a result you were discharged on 5 October 2016 based on your NPQ status. 

The Board carefully considered your arguments that you deserve a Physical Evaluation Board review of your NPQ status since you were denied retirement by the Navy. Unfortunately, the Board disagreed with your rationale for relief. It appears you are arguing to be found unfit for continued naval service and be issued a disability discharge or retirement based on your disqualifying conditions that led to your NPQ. The Board determined that granting your request fit for full duty or a finding that you are not qualified for retention. Neither ofthese findings will grant you the disability benefits you appear to be seeking. Since the evidence you provided supports the finding that you were NPQ, the Board concluded you were properly discharged by the Navy. 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 of the members of the panel will be furnished upon request. 

The Board wanted to inform you that, in order to qualify ior a medical board and PEB review for disability benefits, you must seek a line of duty determination by the Navy for your disability conditions. In your case, the Navy has determined your disability conditions were not incurred or aggravated while you were entitled to basic pay. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

It is regretted that the circumstances of your 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 of probable material error or injustice. 

Sincerely, 

Executive Director