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, sitting in executive session, considered your application on 19 March 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.   
 
A review of your record shows that you entered active duty with the Marine Corps in April 2006.  You deployed to Afghanistan in 2012, earning a Navy and Marine Corps Achievement Medal for your performance.  On 2 March 2013, you were discharged at the completion of your required active-duty service and issued a RE-1A reentry code.  You assert that, after your discharge, the Department of Veterans Affairs (VA) rated you at 100%. 
 
The Board carefully considered your arguments that you should be placed on the disability retirement list due to post-traumatic stress disorder and sleep apnea.  You assert that you were unable to perform your duties due to these disability conditions.  Unfortunately, the Board disagreed with your rationale for relief.  First, the Board found that the preponderance of the evidence does not support a finding that you were unfit for continued naval service at the time of your discharge.  In order to find a Service member unfit for continued naval service, the Service member must be unable to perform the duties of their office, grade, rank, or rating.  In your case, the Board reviewed your fitness reports for the last two years leading up to your discharge but found no evidence that indicates you were unable to perform your military duties.  Specifically, the Board noted that, on your discharge fitness report, you were ranked as a highly qualified Marine and received positive performance comments.  In addition, you scored a first-class combat fitness test while earning a recommendation for promotion and retention.  Based on your performance, you received a reentry code from the Marine Corps that allowed you to reenlist.  In the Board’s opinion, this was strong evidence that you were fit for continued naval service at the time of your discharge despite the existence of any disability conditions.   
 
Second, the Board did not find your assertion of a 100% disability rating from the VA persuasive.  The mere presence of a medical condition or specific correspondence of any manifestations thereof to an entry indicating a disability rating contained in the VA Schedule for Rating Disabilities is insufficient to warrant either a finding of unfitness for continued naval service or a specific disability rating by the Physical Evaluation Board in the absence of demonstrated duty performance impairment of sufficient magnitude as to render a Service member unfit for continued naval service.  By contrast, 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.  Due to these reasons, the Board determined that your VA rating was insufficient to overcome the documented evidence of strong performance that existed at the time of your discharge.  While the Board empathizes with your current medical condition, it concluded that compensation and treatment for your disability conditions fall outside the scope of the Department of Defense disability system and are, instead, under the purview of the VA.  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.