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 the entire record, 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 for Correction of Naval Records, sitting in executive session, considered your application on 3 October 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, 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 Marine Corps in September 1995.  On 11 January 2006, a medical board referred you to the Physical Evaluation Board (PEB) for Type I Diabetes Mellitus, Depressive Disorder, Glaucoma, and hypertension.  You were found unfit for continued naval service by the PEB on 24 April 2006 for Type I Diabetes Mellitus and Depression with a combined 50% rating resulting in your placement on the Temporary Disability Retirement List (TDRL).  After being retained by the PEB on the TDRL after your first periodic examination, you attended your final TDRL examination on 12 May 2011.  This TDRL examination report documents that were required to utilize an insulin pump and remained at risk for hypo/hyper glycemic episodes.  However, you reported no mental health treatments or medication and expressed a desire to return to active duty.  You also reported exercising five times weekly.  Based on the TDRL examination report, the PEB found you fit for your depressive disorder and lowered your diabetes rating to 20%.  Upon reconsideration, the PEB affirmed its decision on 6 February 2012 resulting in your discharge from the Marine Corps with severance pay. 
 
The Board carefully considered your arguments that you deserve to be placed on the disability retirement list based on your hospitalization for chronic hyperglycemia and required use of an insulin pump.  You also assert that you required continued depression treatment.  Unfortunately, the Board disagreed with your rationale for relief.  First, the Board concluded the PEB findings regarding your diabetes condition is supported by the medical evidence contained in the 12 May 2011 TDRL periodic examination report.  In that report, you were documented as working out five time weekly despite your diabetes condition.  In the Board’s opinion, this does not support a higher rating of 40% for your diabetes since your ability to work out five times a week does not meet the requirement that your diabetes condition requires you to avoid strenuous and recreational activities.  Therefore, the Board concluded the PEB accurately rated your diabetes condition at 20% based on your ability to complete strenuous activities on a regular basis.  Second, the Board determined that the PEB finding that your depressive disorder was not unfitting was also supported by the 12 May 2011 TDRL periodic examination report.  In that report, it documented that you were not receiving treatment for your mental health condition or taking medication.  It also stated that you desired a return to active duty.  In the Board’s opinion, this was strong evidence of fitness for active duty since you did not appear to suffer from a mental health related occupational impairment significant enough to require treatment or medication.  The fact your conditions may have worsened after the 2012 PEB decision did not persuade the Board the PEB decisions were erroneous since the PEB was required to make its findings based on your disability symptoms and impairment in 2012.  The Board decided that any worsening of your service connected disability symptoms after your discharge in 2012 falls under the purview of the Department of Veterans Affairs.  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.