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 30 January 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.   
 
A review of your record shows that you entered active duty with the Navy in July 1976.  In 1978, you were injured in a motorcycle accident and required treatment from 1 February 1978 until your transfer to  on 10 May 1978.  On 3 July 1980, you were released from active duty and transferred to the Navy Reserve where you served until your discharge on 24 June 1982.  On 17 August 1988, you reenlisted in the Navy Reserve and served in the Ready Reserve until your discharge on 16 August 1990.  Post-discharge, you required treatment for neck and back conditions and required treatment for mental health conditions. 
 
The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to disability.  You assert that you were unfit for continued naval service when you were released from active duty in 1980 due to injuries suffered in your 1978 accident.  Unfortunately, the Board disagreed with your rationale for relief.  In order to qualify for military disability benefits, a service member must be unfit for continued naval service due to a qualifying disability condition.  Unfitness is defined as inability to perform the duties of their office, grade, rank or rating as a result of the disability condition.  In your case the Board found the evidence did not support relief based on two factors.  First, the Board found no evidence that your accident related injuries created a substantial occupational impairment while on active duty.  The Board reviewed your performance history and noted that your last two performance evaluations while on active duty documented higher performance marks than prior to your accident and exceeded fleet standards.  That led them to conclude that you were able to perform your military duties satisfactorily at the time of your release from active duty despite the existence of any disability conditions.  Second, the Board considered the fact you medically qualified for enlistment in the Navy Reserve approximately eight years after your release from active duty.  This was further evidence that supported their finding that you were, more likely than not, fit for active duty in 1980 at the time of your transfer to the Navy Reserve.  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.