DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 5601-19 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 14 November 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 Reserve on 7 July 1981. After injuring your right shoulder on 14 July 1981, you were eventually diagnosed with subdeltoid bursitis on 4 August 1981 and placed on two weeks of light duty. You were dropped from Officer Candidate School (OCS) training on 11 August 1981 and discharged the next day based on your physical disqualification from OCS training. Post-discharge, you were assigned a disability rating of 20% by the Department of Veterans Affairs (VA) with an effective date of 1 December 2018. The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to disability. You assert that your injury while on active duty led to your discharge and you require the change to your narrative reason for separation to qualify for a VA loan certificate of eligibility. Unfortunately, the Board disagreed with your rationale for relief. In order to qualify for disability processing, a service member must be unfit for continued naval service due to a qualifying disability condition. In your case, the Board found insufficient evidence that you were unfit for continued naval service or that your subdeltoid bursitis was a qualifying disability condition. The Board noted that you were discharged due to your inability to physically complete your OCS training. In their opinion, you were discharged at the convenience of the government based on the needs of the Navy rather than your disability condition. The Board felt the medical evidence supports a finding that your disability condition was not permanent based on the 4 August 1981 prognosis of a two-week recovery. Further, they felt the Navy’s decision to drop you from OCS was based on their decision that the needs of the Navy did not merit retaining you in a medical hold status until you could physically complete your training and was not based on a medical determination that you were unfit. The fact the VA later assigned you a disability rating did not persuade the Board that you were unfit for continued naval service since 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. Finally, the Board concluded your need to qualify for a VA loan was not a sufficient basis to change your record where no error exists. 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. Sincerely, 11/18/2019