DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 1173-19 Ref: Signature Date This is in reference to your application of 17 December 2018 for correction of your naval record pursuant to Title 10, United States Code, Section 1552. After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found that 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, sitting in executive session, considered your application on 30 April 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 opinions contained in Senior Medical Advisor CORB letter 1910 CORB: 002 of 19 March 2020 and Director CORB letter 1910 CORB: 001 of 20 March 2020; copies of which were previously provided to you for comment. A review of your record shows that you entered active duty with the Navy on 24 May 1983. You after suffering from a six-month history of “drop attacks” and developing a stuttering condition the previous day. You also reported a previous incident of striking your head on a hatch two weeks prior. Subsequently, you were diagnosed with stuttering and a medical board referred you to the Physical Evaluation Board (PEB) on 8 May 1984. On 12 June 1984, despite a medical board finding that your stuttering condition was incurred while on active duty, the PEB found your stuttering condition unfitting as a condition that existed prior to entry. A medical board addendum was completed in 31 August 1984 that changed your diagnosis to Dysarthria and noted that your “drop attacks” symptom had been resolved. On 6 November 1984, you were discharged from the Navy pursuant to your PEB findings. The Board carefully considered your arguments that you should be placed on the disability retirement list. Alternatively, you request that your PEB finding be changed to show that your condition did not exist prior to entry. Unfortunately, the Board disagreed with your rationale for relief. In making their findings, the Board substantially concurred with the advisory opinions contained in Senior Medical Advisor CORB letter 1910 CORB: 002 of 19 March 2020 and Director CORB letter 1910 CORB: 001 of 20 March 2020. First, the Board determined that two errors were made by the PEB in adjudicating your case. Your stuttering condition was not a ratable condition and should have resulted in a finding of fit for active duty. Additionally, in erroneously finding you unfit for stuttering, your condition was deemed to have preexisted your entry into the Navy. Based on this finding, the appropriate correction to your record would be to change the PEB findings to fit for active duty and your narrative reason for separation to condition not a disability. In the Board’s opinion, simply removingyour existed prior to entry status from the PEB findings would not appropriately correct your record. Second, the Board found insufficient evidence to support a finding that you were unable to perform the duties of your office, grade, rank or rating as a result of a qualifying disability condition. Neither your stuttering condition nor Dysarthria were ratable conditions that would qualify for military disability benefits. Additionally, the medical board report and addendum did not document any other occupationally impairing disability conditions. The Board also considered the medical evidence that your “drop attacks” had ceased as of the 31 August 1984 medical board addendum. Absent evidence of any unfitting ratable disability conditions, the Board concluded you were, more likely than not, fit for active duty at the time of your discharge and not eligible for placement on the disability retirement list. Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record. The Board considered changing your narrative reason for separation to condition not a disability but was concerned that doing so would create an unintended negative consequence since it would remove your disability discharge and any associated benefits entitlements resulting from your current discharge status. However, if you desire a change to your narrative reason for separation to condition not a disability, you should reapply to the Board and reference this decision. 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 the 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.