Dear ,  
 
This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  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 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 of the Board, sitting in executive session, considered your application on 10 September 2020.  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.   
 
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 issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
A review of your record shows that you entered active duty with the Marine Corps in March 1988.  After initially being diagnosed with Diabetes Mellitus and placed on limited duty in March 1994, you were returned to full duty in August 1994.  However, based on the need for additional treatment, a medical board referred you to the Physical Evaluation Board (PEB) in January 1995.  The PEB found you unfit for continued naval service on 8 March 1995 for Diabetes Mellitus and assigned you a 20% disability rating.  You completed your rights elections on 10 March 1995 and requested a formal hearing.  However, you later accepted the PEB findings on 18 May 1995 and requested to cancel your request for a formal hearing.  You were discharged with severance pay on 15 July 1995 pursuant to your PEB findings. 
 
The Board carefully considered your arguments that you deserve to be reinstated to active duty in order to complete your service obligation.  You assert that you were not fully counselled on your service options prior to your discharge.  Unfortunately, the Board disagreed with your rationale for relief. 
 
The considered your PEB record in concluding that the preponderance of the evidence does not support a finding that you were not properly counselled after the PEB found you unfit.  As previously mentioned, you completed an election of rights form on 10 March 1995 that explained all your options regarding your PEB case.  After initially requesting a formal hearing, you subsequently accepted the PEB findings and canceled your request.  In the Board’s opinion, this evidence supports a finding that you were made aware of your rights regarding your PEB case and chose to accept the PEB findings that led to your discharge from the Marine Corps.  As a service member who was found unfit by the PEB, the Board concluded the only plausible career option you possessed at the time was to contest the PEB findings in order to be found fit for active duty.  Since you chose to accept the PEB findings after being made aware of your due process rights, the Board found no error or injustice in the PEB’s processing of your case.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.   
 
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 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,