DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 9560-19 Ref: Signature Date This letter is in reference to your reconsideration request dated 6 October 2019. You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been disapproved. Your case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004). 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 9 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. The Board carefully considered your arguments that your narrative reason for separation should be changed to reflect your disability condition was aggravated by your active duty service. You assert that your pes planus condition was asymptomatic when you entered active duty and was aggravated by your active service. You also imply other recently diagnosed medical conditions are service connected. Unfortunately, the Board disagreed with your rationale for relief. The Board concluded that your pes planus condition was not aggravated by your period of active duty as defined in SECNAVINST 1850.4C. In order to a preexisting disability condition to qualify for service aggravation, it must be medically determined the disability condition progressed beyond the natural progression of the condition in severity. In your case, the Board concurred with the medical board findings that your pes planus was not service aggravated since the medical evidence shows you were symptomatic for bilateral pes planus without any indication your condition was more severe than normal. The fact you were treated conservatively without a recommendation for surgery was relied on by the Board to find that your pes planus condition, even though unfitting, had not progressed beyond the natural progression of the condition. Therefore, the Board found that your medical board findings and narrative reason for separation are supported by the preponderance of the evidence. Regarding your more recent disability conditions, the Board found no nexus between your claimed disability conditions and your active duty service. Further, the Board found no evidence in your military record that these recently diagnosed disability conditions prevented you from performing the duties of your office, grade, rank or rating in 1984. The Board relied on the fact no mention of these conditions exist in your medical board report. While the Board empathizes with your current medical condition, should a service connection be established, they felt compensation and treatment of your disability conditions fall outside the scope of the Department of Defense disability system and under the purview of the Department of Veterans Affairs. Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. It is regretted that the circumstances of your reconsideration petition are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon the 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 the absence of new matters 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. Sincerely, 1/13/2020