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

Docket No. 8520-18 
Ref: Signature Date 

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 27 February 2020.  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: 001 of 8 January 2020; a copy of which was previously provided to you for comment. 

A review of your record shows that you entered active duty with the May 1995.  A medical board referred you to the Physical Evaluation Board (PEB) in June 1998 for reactive airway disease/asthma after two periods of limited duty.  On 20 July 1998, the PEB found you unfit for continued naval service due to your reactive airway disease/asthma condition and assigned you a 10% rating.  As a result, you were discharged from the Navy on 28 August 1998 pursuant to the PEB findings with severance pay.  Post-discharge, you assert that the Department of Veterans Affairs rated you for a number of disability conditions including Irritable Bowel Syndrome (IBS), Mastodynia, and tension headaches.  

The Board carefully considered your arguments that the PEB failed to rate you for IBS, Mastodynia, and tension headaches.  You assert these conditions were unfitting at the time of your discharge based on the VA’s decision to assign you a disability rating for these conditions.  Unfortunately, the Board disagreed with your rationale for relief. In making their findings, the Board substantially concurred with the advisory opinion contained in Director CORB letter 1910 CORB: 001 of 8 January 2020.  Specifically, the Board found no evidence you were diagnosed with IBS while on active duty.  Further, as pointed out in the advisory opinion, you underwent a breast examination on 28 January 1998 with indicated a normal examination without symptoms of Mastodynia.  Finally, the Board noted that your tension headaches were treated with medication and presented no apparent occupational impairment since you were returned to full duty status.  While the Board empathizes with your current medical condition, they felt compensation and treatment for your disability conditions fall outside the scope of the Department of Defense disability system and under the purview of the VA.  Accordingly, the Board found 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, 

3/5/2020