DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 26 14-17 SEP 12 2017 Dear This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552. You previously petitioned the Board and were advised in our letters of 6 March 2002 and 3 October 20 16, that your application had been denied. Your case was reconsidered in accordance with new Board for Correction ofNaval Records procedures that conform to Lipsman v. Secretary of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004). A three-member panel of the Board for Correction ofNaval Records (BCNR), sitting in executive session, considered your application on 17 August 2017. The names and votes of the members of the panel will be furnished upon request. 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. The Board reviewed your entire prior BCNR file, as well as your service record, medical record, and all additional documentation you provided as part of your reconsideration request. After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice. The Board carefully considered your argument that you should have received a disability retirement due various medical issues which you acquired on active duty and have worsened over time, to include Post-Traumatic Stress Disorder (PTSD), knees, back, ankles, hip, and varicocele complications. Unfortunately, they did not agree with your rationale for relief. In order to be eligible for a disability retirement, a service member must be unfit for continued naval service due to a disability incurred or aggravated on active duty. Each case is considered by relating the nature and degree of physical disability ofthe member to the requirements and duties that member may reasonably be expected to perform in his or her office, grade, rank or rating. In your case, the Board was unable to find sufficient evidence to support such a finding. Although your medical record indicates that you had a long history ofthe claimed medical issues, you continued to perform your assigned military duties in a credible manner despite your medical issues. Although you had periods during your service that you were placed on light duty, you were always returned to full duty after the period of recuperation. The Board substantially concurred with the rationale of the Record Review Panel which found you fit for duty on 7 February 1996. Furthermore, the Board highlighted that neither your Physical Evaluation Board record nor service medical record contained a diagnosis for PTSD. In addition, the Board did not find evidence that you suffered an occupational impai1ment from PTSD while you were on active duty. Finally, the Board considered your separation physical and saw that you did not list any symptoms from PTSD on the Report of Medical History. Although the Department of Veteran's Affairs (VA) granted you individual unemployability and subsequently rated you 100% disabled due to your above listed diagnoses, it does not change the fact that there is insufficient evidence in your medical record to support that you were unfit for continued service due to any or all of your medical conditions. The fact that you were diagnosed with PTSD post-service, or that any of your conditions may have worsened over time, did not convince the Board you unfit for continued service at the time ofyour discharge on 1 June 1997. Accordingly, the Board determined no error or injustice exists in your case and affirmed its previous decision to deny your request. It is regretted that the circumstances of your reconsideration petition are such that favorable action cannot be taken again. 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 the absence of sufficient new and material evidence for reconsideration, the decision of the Board is final, and your only recourse would be to seek relief, at no cost to the Board, from a court of appropriate jurisdiction. 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