DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 9026-18 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 5 December 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 21 October 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 November 2001. A medical board placed you on limited duty for bilateral foot pain associated with pes planus and plantar fasciitis on 8 August 2012. A subsequent medical board referred you to the Physical Evaluation Board (PEB) for congenital bilateral pes planus and plantar fasciitis. You were initially found fit for active duty by the PEB on 20 March 2013, but were determined to be unfit for continued naval service due to degenerative joint disease, left ankle upon reconsideration. The Department of Veterans Affairs issued you a proposed disability rating of 10% for your left ankle condition which was adopted by the PEB on 25 April 2013. After initially requesting a formal hearing, you accepted the PEB findings on 29 May 2013. However, you injured your Achilles tendon playing basketball in July 2013 requiring surgery and physical therapy. You were discharged from the Navy on 18 October 2013 pursuant to the PEB findings. The Board carefully considered your arguments that you deserve to be placed on the disability retirement list. You argue that all your service connected disability conditions were not considered by the PEB. 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: 002 of 21 October 2019. Specifically, the Board found insufficient evidence that your other service connected disability conditions were unfitting. The fact you were able to play basketball after the PEB adjudication in your case convinced the Board your other service connected disability conditions did not prevent you from performing the duties of your office, grade, rank or rating. The Board agreed with the advisory opinion that there was no evidence that you suffered from a chronic impairment as a result of any disability condition except your left ankle condition. Therefore, they determined insufficient evidence of error or injustice exists to warrant a change to your record. 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 of the 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. 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, 12/26/2019