DEPARTMENT OF THE NAVY 

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

Docket No. 5968-17 
FEB 05 2018 

Dear , 

This is in reference to your application for correction of your 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 of the Board for Correction ofNaval Records, sitting in executive session, considered your 
application on 11January2018. The names and votes ofthe members ofthe panel will be 
furnished upon request. 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, relevant portions of your naval record and applicable 
statutes, regulations and policies. 

A review of your record shows that you entered in . In   , you failed to select for 
the second time as part theof Active Reserve Selection Board resulting in your involuntary 
separation from the Active Reserve on . 

The Board carefully considered your arguments that you deserve a change to your narrative 
reason for separation to disability based on service connected disabilities that existed at the time 
of your discharge from active duty. Unfortunately, the Board disagreed with your rationale for 
relief. The Board examined your last Fitness Report covering the period of 
through your separation on . You were described as a "dedicated, enthusiastic, 
and energetic" NCO who was recommended for promotion with your peers and you earned a 
Navy and Marine Corp Achievement Medal for your meritorious service. This evidence 
convinced the Board you were fit to perform the duties ofyour office, grade, rank or rating 
despite the possible existence ofservice connected disabilities that may have been rated by the 
Department ofVeterans Affairs (VA). The mere presence ofa medical condition or specific 
correspondence ofany manifestations thereof to an entry indicating a disability rating contained 
in the VA Schedule for Rating Disabilities is insufficient to warrant either a finding of unfitness 
for continued naval service or a specific disability rating by the Physical Evaluation Board in the 
absence ofdemonstrated duty performance impairment of sufficient magnitude as to render a 
Service member unfit for continued naval service. The Board was not persuaded by your 
reference to VA ratings 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. 

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