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. 
 
A three-member panel of the Board, sitting in executive session, considered your application on  16 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 Psychiatric Advisor CORB letter 1910 CORB: 002 of 13 May 2020 and Director CORB letter 1910 CORB: 001 of 18 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 February 1995 and served until your placement on the retirement list on 1 May 2018 based on your qualifying years of service.  During your active duty service, you suffered a right leg injury in June 2016 that required surgery and placement on limited duty.  However, medical records show that you largely recovered from your right leg issues by July 2017 where reported only intermittent anterolateral knee pain.  On 2 November 2017, you were medically cleared for release from active duty.  After your medical screening, you twice responded positively to Post-Traumatic Stress Disorder screenings on 27 December 2017 and 23 March 2018.  Post-discharge, you were rated by the Department of Veterans Affairs at a combined 100%. 
 
The Board carefully considered your arguments that you deserve to be placed on the disability retirement list based on your in-service disability conditions. You assert that you retired from the Navy due to your physical disability conditions.  Unfortunately, the Board disagreed with your rationale for relief.  In making their findings, the Board substantially concurred with the advisory opinions contained in Psychiatric Advisor CORB letter 1910 CORB: 002 of 13 May 2020 and Director CORB letter 1910 CORB: 001 of 18 May 2020.  Specifically, the Board found the preponderance of the evidence did not support a finding that you were unfit for continued naval service at the time of your retirement from the Navy.  While the Board acknowledged you suffered from leg injuries that required time on limited duty, the Board also noted that you were largely recovered from your leg condition one year prior to your retirement and medically cleared for retirement on 2 November 2017.  The Manual of the Medical Department Chapter 15-20 requires separation examinations and evaluations for active duty members and states “comprehensive evaluations are conducted for the purposes of ensuring that Service members have not developed any medical conditions while in receipt of base pay that might constitute a disability that should be processed by the Physical Evaluation Board (PEB) and to ensure Servicemembers are physically qualified for recall to additional periods of active duty.  Thus, the standards for being physically qualified to separate are the same as those being qualified to continue active duty Service … .”  Therefore, the Board concluded the medical evidence does not support that you were unfit for continued naval service as of November 2017.  Additionally, the Board found no evidence that you were unable to perform military duties associated with your paygrade.  While your disqualification from special duty is a factor to consider in determining unfitness, it cannot be the sole basis for a finding of unfitness.  Absent other evidence that documents your inability to perform duties of a Chief Warrant Officer in the Navy, the Board did not find your disqualification from submarine duty persuasive when compared with the medical evidence that documented your fitness for continued active duty.  Finally, the Board also did not find your VA rating persuasive evidence of your unfitness 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.  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,    
7/20/2020