Docket No. 2680-21

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 20 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 in March 1975 after a period of service with the Air Force.  You served without incident and were promoted to E6 through July 1986 prior to your transfer to the USS Kiska.  Upon your transfer, you received a series of adverse performance evaluations starting in April 1987 due to poor performance.  In addition to your performance evaluations, you were notified of your substandard performance on 11 October 1988 based on a review conducted by a Petty Officer Quality Control Review.  On 9 November 1989, non-judicial punishment was imposed on you for disobeying a lawful order.  This resulted in a reduction in rank to E5.  The following year, you submitted a request to retire from the Navy resulting in your release from active duty on 31 July 1991 and transfer to the Fleet Reserve.  Prior to your retirement, you were medically cleared for release from active duty on 18 June 1991.  You assert that the Department of Veterans Affairs rated you for a Traumatic Brain Injury (TBI) that occurred during your service in the Air Force.   
 
The Board carefully considered your arguments that you deserve to have your rank of E6 restored since your TBI was not considered at the time of your demotion to E5.  You argue that your annual physicals in 1988 and 1989 document your head injury.  Unfortunately, the Board disagreed with your rationale for relief.   
 
In reviewing your record, the Board found no evidence of a nexus between your claimed TBI and your misconduct that formed the basis for your reduction in rank to E5.  Additionally, the Board did not find any nexus between your TBI and your poor performance onboard USS Kiska since your TBI was allegedly incurred prior to your enlistment in the Navy and there was no evidence it affected your ability to perform your duties prior to your transfer to the .  Finally, despite you documenting your prior head injury on your annual physicals, there was no medical evidence that it caused any occupational impairment since your separation physical did not note any TBI symptoms.  As a result, the Board concluded the preponderance of the evidence did not support restoring your rank to E6 based on your assertions. 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, 
5/22/2021
Deputy Director