DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 3707-21 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 26 August 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 in June 1986. After being found fit for continued active service in May 1996 by the Physical Evaluation Board, you reenlisted on 10 July 1996. You were subsequently assigned to USS in January 1997 despite evidence you were not medically qualified for sea duty. A medical report from 26 January 1997 documents that you suffered from a history of low back pain and anxiety related to your Oxygen Breathing Apparatus (OBA) in addition to being overweight. However, you continued to serve onboard until your release from active duty on 9 September 1998. You were eventually released from the Navy Reserve on 15 April 1999 with a recommendation for reenlistment. In 2020, you were diagnosed with trauma and stress related disorder. Your medical history documents that you chose not to reenlist in 1998 due to anxiety related to your OBA not properly fitting your face. The Board carefully considered your arguments that you deserve to be placed on the disability retirement list. You argue that you developed anxiety and paranoia due to your inability to properly wear your OBA while in the Navy. You also assert that you were not offered alternative assignments in the Navy and this contributed to your decision to leave the Navy. 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 determine the preponderance of the evidence did not support a finding that you met any of the criteria for unfitness. The Board noted that you received a performance evaluation ending on 15 March 1998 that documented your superior performance while onboard USS as a Leading Petty Officer. The evaluation documented a 4.14 trait average with positive performance comments and “Must Promote” recommendation in a peer group of 56 other Second Class Petty Officers. In the Board’s opinion, despite your issues related to your OBA and your back, this supports a finding that you were performing well above fleet standards for your paygrade and rate in the months prior to your release from active duty. So the fact you were diagnosed with a mental health disorder in the years after your discharge did not persuade the Board that you were unfit in 1998 or treated unfairly by the Navy to merit your placement on the disability retirement list. Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record. The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of 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, 8/30/2021 2