Dear 

This is in reference to your application for correction of your naval record pursuant to the 
provisions of 10 USC 1552. Your case was reconsidered in accordance with procedures that 
conform to Lipsman v. Secretary of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004). You were 
previously denied relief by the Board on After careful and conscientious 
consideration of the entire record, the 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, sitting in executive session, 
considered your application on 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. Additionally, the Board considered the advisory 
opinions contained in Senior Medical Advisor CORB letter copies of which were provided to you as part of your previous application to the Board. 

The Board carefully considered your arguments that you deserve to be placed on the disability 
retirement list since you believe the Physical Evaluation Board failed to consider several 
disability conditions that were rated by the Department of Veterans Affairs (VA). You also 
argue that your post-discharge employment history was due to your need to support your family. 
Unfortunately, the Board disagreed with your rationale for relief. In making their findings, the 
Board substantially concurred with the advisory opinions contained in Senior Medical Advisor 
Specifically, the Board concluded there was insufficient evidence of a post-discharge occupational impairment due to your disability conditions. Despite your explanation that you only worked post-discharge to support your family, the Board agreed with the assessment contained in the advisory opinions that your post-discharge contractor work in a combat zone was strong evidence that you were able to perform the duties of your military occupational specialty despite the existence of your disability conditions. So notwithstanding the VA’s decision to rate you for disability conditions, including depressive disorder your proven ability to deploy to a combat zone after your discharge led the Board to conclude there was insufficient evidence that the PEB erroneously found you unfit only for your shoulder and knee conditions. Accordingly, the Board affirmed its previous decision to deny relief in your case. 

It is regretted that the circumstances of your reconsideration petition are such that favorable 
action cannot be taken again. You are entitled to have the Board reconsider its decision upon the 
submission of new and material evidence. New evidence is evidence not previously considered 
by the Board. In the absence of sufficient new and material evidence for reconsideration, the 
decision of the Board is final, and your only recourse would be to seek relief, at no cost to the 
Board, from a court of appropriate jurisdiction. 

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.