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

Docket No: 9297-19 
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 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 application on its merits. A three-member panel of the Board, sitting in executive session, considered your application on 27 January 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. 

You enlisted in the Navy and began a period of active-duty service on 22 January 1992.  You served honorably until you were discharged on 17 December 1999 upon completion of your required active-duty service.  You received a reentry (RE) code of RE-1.  Prior to your discharge, you were screened by medical and reported frequent or severe headaches. 
 
You request that your record be changed to reflect that you were medically retired based upon a Department of Veterans Affairs (VA) determination that you have a service-connected disability (anxiety).  You reference a “Nexus Letter,” VA C-File, and other supporting documents.
 
The Board, in its review of your entire record and application, carefully considered your contention that you have a VA-rated service-connected condition that merits a medical military retirement.  The Board noted, however, that a VA disability decision is relevant but not dispositive in determining whether a Service member merits a military disability rating and/or military medical retirement.  Pursuant to SECNAVINST 1850.4 series, referral to the disability evaluation system is made, in part, in situations where a member is unable to return to full military duty at the end of 30 days of light duty and when a medical board has found that a member’s fitness for continued naval service is questionable by reason of physical or mental impairment.  The Board noted that your service record reflects that you were able to successfully participate in military duty and completed your active-duty service obligation with an honorable characterization of service.  Furthermore, you received an RE-1, reflecting your suitability for reenlistment.  The Board concluded that, even in consideration of your assertions of a VA-rated condition or disability, you do not appear to have been unfit for military service.  Therefore, the Board determined that your current discharge is appropriate and that you are not entitled to a medical military retirement. 

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,