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

Docket No: 6678-18                                     
Ref: Signature Date 

This letter is in reference to your application of 17 July 2018 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 that 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 application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 5 September 2019.  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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 

You enlisted in the Marine Corps and began a period of active duty on 8 April 1985.  During the period from 3 November 1986 to 28 May 1987, you received nonjudicial punishment (NJP) on three occasions.  Your offenses were unauthorized absence from your unit for a period of 28 days, failure to go to your appointed place of duty and disrespect toward a noncommissioned officer.  You became the subject of a Physical Evaluation Board, due to a diagnosis of osteochondritis dissecans of your left knee, which found you to be physically unfit to perform your military duties, and determined that you should be permanently separated from the Marine Corps due to physical disability.  The separation authority approved, and directed your separation, and, on 2 July 1987, you were discharged from the Marine Corps under honorable conditions. 

The Board carefully weighed all potentially mitigating factors including your contention that you are a permanent and total disabled veteran.  The Board found that this factor was insufficient to warrant relief in your case because of your misconduct that resulted in three NJPs.  About your contention, decisions reached by the Department of Veterans Affairs (VA) to determine if former servicemembers rate certain VA benefits do not affect previous discharge decisions made by the Marine Corps.  The criteria used by the VA in determining whether a former servicemember is eligible for benefits are different from that used by the Marine Corps when determining a member’s discharge characterization.  A servicemember’s discharge characterization is determined by his conduct while in service. 

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 the 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, 


10/9/2019