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

Docket No. 4655-18 
Ref: Signature Date

Dear	,

This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552. After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied.

Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your case on its merits. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 October 2019. 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, relevant portions of your naval record and applicable statutes, regulations and policies. In addition, the Board considered the advisory opinion contained in Director CORB letter 1910 CORB: 002 of 9 September 2019, a copy of which was previously provided to you for comment.

A review of your record shows that you entered active duty with the Navy in March 1988. After injuring your back, you underwent a discectomy in November 1998 resulting in a medical board referral to the Physical Evaluation Board (PEB) on 11 May 1999. The PEB found you fit for active duty on 25 June 1999 and you were later discharged at the convenience of the government for a condition not considered a disability on 15 November 1999.

The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to disability. You assert that you were injured and unfit for continued naval service at the time of your discharge. Unfortunately, the Board disagreed with your rationale for relief. In making their findings, they substantially concurred with the advisory opinion in Director CORB letter 1910 CORB: 002 of 9 September 2019 that the evidence does not support relief in your case.

In order for a service member to be unfit for continued naval service, there must be sufficient evidence of an occupational impairment due to a qualifying disability that shows the member is unable to perform the duties of their office, grade, rank or rating. In your case, the Board examined your last performance evaluation ending on 15 March 1999 which documented you were performing well above fleet standards for your paygrade while working within your rate. In the Board’s opinion, this was strong evidence of fitness for continued active duty in 1999 and supports the findings of the PEB. The fact you were determined not qualified for sea duty and not worldwide deployable did not persuade the Board that you were unfit for continued naval service since failure to meet special qualifications, by itself, is not sufficient to find a member unfit.  As explained earlier, your superior performance showed that you were still able to perform your assigned duties within your rating despite your back condition. So the Board concluded there was insufficient evidence of error or injustice to warrant a change to your record.

It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149. New matters are those not previously presented to or 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,