DEPARTMENT OF THE NAVY 

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

Docket No. 3091-17 
NOV 29 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 application on its merits. A threemember 
panel of the Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 12 October 2017. The names and votes ofthe members ofthe 
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 ofthis 
Board. Documentary material considered by the Board consisted of your application, together 
with all material submitted in support thereof, relevant portions of your naval record and 
applicable statutes, regulations and policies. 

After careful and conscientious consideration ofthe entire record, the Board found that the 
evidence submitted was insufficient to establish the existence ofprobable material error or 
injustice. 

You enlisted in the U.S. Navy and began a period of active duty service on 3 May 1982. 
On 6 September 1994, a Medical Evaluation Board diagnosed you with "symptomatic right C6-7 
herniated nucleus pulposus and cervical degenerative disk disease" and on 26 October 1994 a 
Physical Evaluation Board (PEB) determined that you were unfit for duty and rated you 20% 
disabled. On 9 January 1995, you were separated with a Honorable characterization ofservice 
for "Physical Disability," and assigned an RE-3P reentry code. 

The Board carefully considered your argument that you deserve an increase in your disability 
rating from 20% due to the severity ofyour condition and the determination that you were unfit 
for duty. Unfortunately, the Board disagreed with your rationale for relief. In making their 
findings, the Board substantially concurred with the PEB that found you unfit for duty and rated 
you 20% disabled. Specifically, the Board determined that your disability condition did not 
warrant a disability rating greater than 20% in January 1995 at the time of your discharge. 10 
U.S.C. 1201 requires a disability rating of "at least 30 percent under the standard schedule of 
rating disabilities in use by the Department ofVeterans Affairs at the time ofthe determination" 
to be issued to a service member in order for the member to be placed on the disability retirement 
list. You did not provide any evidence for the Board's consideration to show that your condition 
was not properly evaluated by the Navy at the time ofyour discharge or that your assigned PEB 
disability rating was at least 30%. Accordingly, the Board was unable to find an error or 
injustice pertaining to your disability rating that warrants a correction to your record and denied 
your application. 

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 ofthe 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 ofprobable material error or injustice. 

Sincerely, 

Executive Director