Dear   
 
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 17 October 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 in April 1973 and completed your obligated active service on 1 April 1977.  On 12 January 2010, the Department of Veterans Affairs (VA) rated you for bilateral hearing loss (10%) and tinnitus (10%). 
 
The Board carefully considered your arguments that your narrative reason for separation should be changed to disability based on your bilateral hearing loss.  Unfortunately, the Board disagreed with your rationale for relief.  Generally, in order to qualify for a disability discharge, a service member must be unfit for continued naval service due to a qualifying disability condition at the time of their discharge from active duty.  Unfit for continued naval service is defined as an inability to perform the duties of a service member’s office, grade, rank or rating as a result of a qualifying disability condition.  In your case, the Board found insufficient evidence of unfitness.  First, there was insufficient evidence to support a finding that you were suffering from a significant occupational impairment due to your hearing loss at the time of your release from active duty in 1977.  Second, the Board was not persuaded by your 2010 VA rating decision that found you 10% disabled for bilateral hearing loss.  In the Board’s opinion, the VA rating shows you suffer from minimal bilateral hearing loss approximately 30 years after your release from active duty.  Based on this finding, the Board felt it lacked evidence your hearing loss prevented you from performing your military duties in 1977.  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.