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

Docket No. 2525-21  
Ref: Signature Date  
 
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. 

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, sitting in executive session, considered your application on 13 May 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 entered active duty with the Navy Reserve on 5 July 2002 as an Officer Candidate enrolled in Officer Candidate School (OCS). On 29 July 2002, you developed symptoms of chronic edema in both lower legs. As a result, you were deemed not physically qualified to continue OCS on 12 September 2002 and disenrolled on 16 September 2002. On 20 September 2002, you were discharged from the Navy for failing to complete your commissioning program. On 28 December 2020, the Department of Veterans Affairs (VA) rated you for venous insufficiency in both lower extremities with a 20% rating for each leg. The Board carefully considered your arguments that you deserve a disability discharge from the Navy since your leg conditions manifested while you were on active duty and were later rated by the VA. Unfortunately, the Board disagreed with your rationale for relief. 

In order to qualify for military disability benefits through the Disability Evaluation System with a finding of unfitness, a service member must be unable to perform the duties of their office, grade, rank or rating as a result of a qualifying disability condition. Alternatively, a member may be found unfit if their disability represents a decided medical risk to the health or the member or to the welfare or safety of other members; or the member’s disability imposes unreasonable requirements on the military to maintain or protect the member. In your case, the Board concluded that there was insufficient evidence to support a finding that you met any of the unfitness criteria. 

In reviewing your record, the Board noted that you were disqualified from continuing OCS training because of your inability to stand or march for extended periods. In the Board’s opinion, your failure to qualify for further OCS training did not equate to a finding that you could not perform any duty associated with your office, grade, rank or rating. The Board noted that OCS training involves arduous physical training, similar to basic training, that is not often required to perform duties assigned to other members of the Navy. Therefore, the Board concluded that your failure to physically qualify for continued OCS training did not necessarily disqualify you for other Navy duties. As a result, the Board determined you were appropriately discharged for failing to complete OCS based on the convenience of the government that rather than retained and assigned to other Navy duties for which you may have been physically qualified to perform. Finally, the fact the VA rated you for service connected disabilities approximately 18 years after your discharge did not persuade you were unfit for continued naval service for those conditions at the time of your discharge. The Board considered the great length of time between your VA rating and discharge date along with the fact 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. 

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, 
5/20/2021 

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