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

Docket No. 7387-19 
Ref: Signature Date 

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 relevant portions of your naval record and your application, 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, sitting in executive session, considered your application on 9 July 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 and applicable statutes, regulations and policies.  In addition, the Board considered the advisory opinion contained in Director CORB letter 1910 CORB: 001 of 11 May 2020; a copy of which was previously provided to you for comment. 

A review of your record shows that you entered active duty with the Navy in July 2006.  You served without incident until your release from active duty.  However, during your active duty service, you were seen for exercise induced chest pain in 2009.  Additionally, you noted moderate to severe right shoulder tendonitis on your May 2010 Report of Medical History.  Despite your medical history, you were medically cleared for separation on 10 June 2010 and discharged on 23 July 2010 at the completion for your required active service.  Post-discharge, you were treated for right shoulder pain while you worked as a barber. 

The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to disability or placement on the disability retirement list.  You assert that you never received a separation physical that would have resulted in a disability finding.  Unfortunately, the Board disagreed with your rationale for relief.  In making their findings, the Board substantially concurred with the advisory opinion in your case.  Specifically, the Board concluded that the preponderance of the evidence does not support a finding that you were unfit for continued naval service for any disability condition at the time of your release from active duty.  

In order for a service member to be found unfit for continued naval service, the member must be unable to perform the duties of their office, grade, rank or rating as a result of a qualifying disability condition.  In your case, the Board noted that you were performing well above fleet standards for your paygrade and rating prior to your discharge from the Navy.  From 15 July 2007 through July 2009, your trait average rose from 3.0 to 3.83 indicating your performance levels continued to increase despite the existence of any disability conditions.  Further, despite your contention that you never received a separation physical, the Board noted that a 10 June 2010 medical examination exists in your record.  That examination cleared you for release from active duty after documenting your medical history of symptoms.  Consistent with this medical clearance, you were assigned a RE-1 reenlistment code on your DD Form 214 that documents you were medically cleared to continue on active duty if you had chosen to do so.  Finally, the Board considered your post-discharge records but concluded these were not probative on the issue of fitness for active duty due to the period of time that had elapsed since you required treatment for your shoulder.  However, as pointed out in the advisory opinion, the fact you were able to lift weights and were considering transitioning to “Insanity” video workouts led the 
Board to conclude your disability condition did not create a significant occupational impairment even years after your discharge.  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,