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

Docket No: 3579-19        
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. 
    
A three-member panel of the Board for Correction of Naval Records (Board), sitting in executive session, considered your application on 9 September 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. 

You enlisted in the Navy and began a period of active duty on 2 July 2013.  On 28 January 2017, you were transferred from active duty to the Temporary Disability Retired List (TDRL). On 23 February 2017, you received a Veteran’s Affairs (VA) rating of 70% due to adjustment disorder/unspecified disorder, 10% due to tinnitus, 0% due to a scar on index finger, 0% for tendon laceration, and 0% for tension headaches.  On 21 November 2018, you were notified of the decision of the Physical Evaluation Board (PEB) which found that you were unfit to perform the duties of your office, with a 10% disability rating due to unspecified disorder with anxiety.  The VA determination was taken into consideration by the PEB.  On 28 December 2018, you were removed from the TDRL effective 7 December 2018; severance pay was authorized. 

In your petition to the Board, you request to be placed on the Permanent Disability Retired List (PDRL) due to no change in disability rating for which you were medically discharged.  You state that you have a 70% disability rating from the VA, and indicate that the VA’s rating qualifies you for a transfer to the PRDL and a military medical retirement. 

The Board carefully reviewed your application and took into consideration your contention that the VA’s rating should qualify you for transfer to the PDRL.  The Board noted, however, that the VA’s rating determination is not authoritative over the PEB’s determination.  The Board reviewed the PEB’s November 2018 review of your condition and considered that the VA’s 70% rating appears to have been taken into account in the PEB’s review. Furthermore, the PEB’s decision noted the 19 September 2018 comments documented in the Findings of the PEB that stated that you had not had any recent psychiatric hospitalizations, that you were employed at a Vape store, and were married with social contacts.  The Board found that the PEB’s 10% disability rating was supported by evidence that you suffered from minimal occupational and social impairments and was issued without error or injustice despite the 70% rating assigned by the VA.  The Board concluded the fact you were employed without requirement for psychiatric hospitalization and enjoying a reasonably successful social life met the preponderance of evidence standard required to support the PEB findings in your case.  Accordingly, the Board concluded that corrective action is not warranted.  

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, 


10/8/2019