Dear   
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  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 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 18 February 2021.  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 initially entered service with the Navy Reserve in January 1998 and served briefly before you were discharged for fraudulent entry in April 1999.  You subsequently reenlisted in September 2002 and commenced service as a Culinary Specialist.  You generally served without incident except for several Physical Fitness Assessment failures that resulted in your administrative separation processing in 2008.  However, you were retained in the Navy Reserve by an administrative separation board and continued your honorable service.  You deployed in support of Operation Enduring Freedom in October 2008 through November 2009.  After which the Department of Veterans Affairs (VA) assigned you disability ratings for a number of service connected disability conditions including Major Depressive Disorder, Limited Extension of Thigh, Tinnitus, Intervertebral Disc Syndrome, Traumatic Arthritis, and Impaired Hearing.  Additionally, you requested line of duty benefits upon your return from deployment but subsequently requested to close your request on 13 March 2011.  Meanwhile, you continued to serve successfully in the Navy Reserve through 2019 when you were placed on the Retired Reserve effective 1 June 2019.  Prior to your placement on the Retired Reserve list, you were notified of Not Physically Qualified (NPQ) status for a number of disability conditions. 
 
The Board carefully considered your arguments that you deserve to be placed on the disability retirement list based on medical limitations that existed upon your transfer to the Retired Reserve list.  Unfortunately, the Board disagreed with your rationale for relief.  Specifically, the Board concluded the preponderance of the evidence does not support placing you on the disability retirement list since there was insufficient evidence presented that supports a finding that you qualified for referral to the Disability Evaluation System.  In order for Reservists to qualify for referral to the Disability Evaluation System, a line of duty determination must be made that their disability conditions were incurred or aggravated during a period of qualifying active duty.  In your case, on 20 April 2010 you were granted authorization for a one-time medical visit to examine your disability conditions for the purpose of determining your line of duty status.  According to the Navy Personnel Command response to your request to close your line of duty request, you never submitted any medical documentation from your one-time visit to support a line of duty determination.  Additionally, the Board noted you requested to close your line of duty request on 13 March 2011.  Therefore, the Board determined insufficient evidence exists to find any of your disability conditions identified by the NPQ determination qualified for referral to the Disability Evaluation System or as a basis for placement on the disability retirement list.   

Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.   
 
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,    
 
2/20/2021
Deputy Director