DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 1662-19 Dear , This is in reference to your application of 24 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. A three-member panel of the Board, sitting in executive session, considered your application on 14 May 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, as well as applicable statutes, regulations, and policies. In addition, the Board considered the advisory opinions contained in Senior Medical Advisor CORB letter 1910 CORB: 002 of 20 March 2020 and Director CORB letter 1910 CORB: 001 of 8 April 2010 along with your response to the opinions. A review of your record shows that you entered active duty with the Navy in June 2010. After completing your Special Warfare training pipeline, you were assigned to in July 2012. During your assignment to , you deployed and served without incident except for two periods of limited duty in 2015 and 2016. After being found medically fit for separation, you were discharged from the Navy at the completion of your required active service on 2 August 2016. Post-discharge, you were rated by the Department of Veterans Affairs (VA) for multiple disability conditions totaling a 100% combined rating. The Board carefully considered your arguments that you deserve to be placed on the disability retirement list. You assert that you were unfit for continued naval service at the time of your discharge due to a number of disability conditions that were rated by the VA. Unfortunately, the Board disagreed with your rationale for relief. In order for a service member to be placed on the disability retirement list, the member must be unfit for continued naval service as a result of their inability to perform the duties of their office, grade, rank or rating due to a disability condition. In your case, the Board found insufficient evidence that you suffered from an occupational impairment sufficient to support a finding of unfitness for continued naval service. The Board examined your performance evaluations during your time with and noted that your performance was graded at or above fleet standards and remained relatively consistent until your discharge from the Navy. You received positive performance comments and promotion recommendations in each performance evaluation from 2012-2016. The Board noted that you earned your highest promotion recommendation in your last performance evaluation ending on the date of your discharge and would have received a trait average greater than 3.0 but for the desire of the reporting senior to manage his trait average. In the Board’s opinion, this was strong evidence you were able to perform the duties of your office, grade, rank or rating at the time of your discharge despite the existence of the many disability conditions you possessed at the time. The Board also considered that you were medically cleared to separate from the Navy. The Manual of the Medical Department Chapter 15-20 requires separation examinations and evaluations for active duty members and states that “comprehensive evaluations are conducted for the purposes of ensuring that Service members have not developed any medical conditions while in receipt of base pay that might constitute a disability that should be processed by the Physical Evaluation Board (PEB) and to ensure Servicemembers are physically qualified for recall to additional periods of active duty. Thus, the standards for being physically qualified to separate are the same as those being qualified to continue active duty Service ….” When considering this medical evidence in conjunction with your performance evaluation ending on 2 August 2016 and your unrestricted reentry code, the Board determined that you, more likely than not, could have continued on active duty had you chosen to do so. Therefore, the Board the evidence did not support finding you unfit for continued naval service or placing you on the disability retirement list. Finally, the Board did not find the VA’s decision to assign you a combined 100% rating persuasive on the issue of unfitness for continued naval service. As explained in the advisory opinion, eligibility for compensation and pension disability ratings by the VA is tied to the establishment of service connection and is manifestation-based without a requirement that unfitness for military duty be demonstrated. While there are times when VA ratings offer valuable insight into a member’s fitness for duty at the time of their discharge, the Board determined the VA rating in your case offered limited probative value. The Board based this finding on your performance evaluations that documented that you did not suffer from a significant occupational impairment as a result of your rated disability conditions. 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 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. Sincerely, 6/14/2020