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

Docket No. 4825-19 
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. 

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 26 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. 

A review of your record shows that you entered active duty with the Navy on 19 October 1979.  You were discharged for a preexisting physical disability on 26 March 1980. 

The Board carefully considered your arguments that your narrative reason for separation should be changed to disability.  You assert that you are currently rated by the Department of Veterans Affairs (VA) with a 20% disability rating and need the change to qualify for a VA loan.  Unfortunately, the Board disagreed with your rationale for relief.  The Board found insufficient evidence in your record to support the relief you request.  Your record documents that your discharge was based on a medical board finding that you possessed a disqualifying physical disability that existed prior to your entry into the Navy.  Your desire to qualify for a VA benefit was determined to be an inadequate reason to change the medical board findings in your case. Absent evidence that rebuts the medical board findings, the Board concluded there is 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.  



10/5/2019