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 case on its merits.  A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 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.   
 
A review of your record shows that you entered active duty with the Navy in July 1992.  After suffering from injuries as a result of a motor vehicle accident in May 1998, you were placed on limited duty before being referred to the Physical Evaluation Board (PEB) on 16 March 1999.  The PEB initially found you fit for active duty before you were later found unfit for continued naval service after a formal PEB hearing.  The PEB assigned you a 10% rating for your chronic back and probable myofascial pain resulting in your discharge from the Navy with severance pay on 31 March 2000.   
 
The Board carefully considered your arguments that you were erroneously discharged from the Navy.  You also allege being removed from the Temporary Disability Retirement List (TDRL) without an evaluation.  Unfortunately, the Board disagreed with your rationale for relief.  The Board determined the preponderance of the evidence supports the PEB findings in your case.  The formal PEB report documents that you were found unfit for continued naval service after careful consideration of your medical record, including your medical board, and assigning you a rating in accordance with the Department of Veterans Affairs Schedule for Rating Disabilities.  Further, the Board found no evidence that you qualified for placement on the TDRL since your 
unfitting disability conditions were assigned a disability rating less than 30%.  Absent evidence to substantiate your allegations of error by the PEB and the Navy, the Board found the decision to discharge you from the Navy supported by your PEB record.  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 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.