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

Docket No. 668-18 
AUG 05 2018 

Dear 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions of 10 USC 1552. After careful and conscientious consicieration ofthe entire record, 
the Board found 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 case on its merits. A three-member 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your 
application on 19 July 2018. The names and votes of the members of the panel will be furnished 
upon request. Your allegations oferror and injustice were reviewed in accordance with 
administrative regulations and procedures applicable to the proceedings ofthis Board. 
Documentary material considered by the Board consisted ofyour application, together with all 
material submitted in support thereof, relevant portions of your naval record and applicable 
statutes, regulations and policies. 

A review ofyour record shows that you entered active duty with the Marine Corps in April 1990. 
You were treated during your active duty service for dysmenorrhea and left knee pain. Medical 
records indicate that you underwent surgery to repair your left knee condition in 1999. On 29 
October 2001, you were medically cleared for separation from active duty and discharged on 15 
January 2002 at the completion of your required active service. 

The Board carefully considered your arguments that you deserve to be placed on the disability 
retirement list based on disability conditions that existed at the time ofyour discharge from 
active duty. Unfortunately, the Board disagreed with your rationale for relief. In order to find 
that a member is unfit for continued naval service, it must be established that the medical disease 
or condition underlying the diagnosis actually interferes significantly with the member's ability 
to carry out the duties of his or her office, grade, rank or rating. In your case, the Board 
examined your performance record to evaluate whether there was objective evidence that you 
suffered an occupational impairment sufficient to warrant your referral to the disability 
evaluation system. In examining your record, the Board found that your performance from 1 
April 2000 through your discharge date of 15 January 2002 was exceptional and well exceeded 
Marine Corps standards. You were described as a valuable asset to the Marine Corps, ready for 
promotion, and recommended for advance education and leadership. Other than a medical 
waiver that resulted in a partial waiver ofyour physical fitness test, the Board found no evidence 
of occupational impairment. Therefore, based on your strong record of performance up until 
your discharge, the Board concluded it lacked evidence to support a finding that you were unable 
to perform the duties of your office, grade, rank or rating due to a qualifying disability condition. 
Regarding your assertion that your Department of Veterans Affairs (VA) ratings should 
substantiate a military disability in your case, the Board did not find that argument persuasive. 
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. As explained earlier, the Board found strong objective evidence that 
supports their determination that you were performing your assigned military duties well above 
fleet standards for your paygrade. 

Regarding your request for a personal appearance, the Board determined that a personal 
appearance with or without counsel will not materially add to their understanding of the issue(s) 
involved. Therefore, the Board determined that a personal appearance was not necessary and 
considered your case based on the evidence of record. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken 
at this time. You are entitled to have the Board reconsider its decision upon the submission of 
new and material evidence. New evidence is evidence not previously considered by the Board. 
In this regard, it is important to keep in mind that a presumption ofregularity attaches to all 
official records. Consequently, when applying for a correction ofan official naval record, the 
burden is on the applicant to demonstrate the existence of probable material error or injustice. 

Sincerely, 

Executive Director