DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 1345-20 Ref: Signature Date 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 2 April 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 service in the Marine Corps in November 2010. You deployed to Afghanistan in 2012 and earned a Combat Action Ribbon. Medical records show you underwent right ACL surgery in February 2014. You were discharged at the completion of your required service on 1 November 2014 after being medically cleared for separation. You assert that, after your discharge, the Department of Veterans Affairs (VA) assigned you a disability rating of 100% for a number of service-connected disability conditions, including post-traumatic stress disorder, gastroesophageal reflux disease, migraine headaches, major depressive disorder, obstructive sleep apnea, and your right knee condition. The Board carefully considered your request to be reinstated to active duty and processed into the Disability Evaluation System (DES). You assert that you were unfit for continued naval service based on your multiple service-connected disability conditions rated by the VA. You also argue that you were never informed of the medical board process. Unfortunately, the Board disagreed with your rationale for relief. In order to qualify for a referral to the DES, a military medical provider must medically determine that your disability conditions prevent you from performing the duties of your office, grade, rank, or rating. The Board concluded that the preponderance of the evidence does not support such a finding, based on several factors. First, despite your argument that you were never informed of the medical board process, there was no evidence your symptoms required your referral to a medical board or that a medical provider felt you qualified for a referral. The decision to refer a Service member to a medical board is a medical decision determined entirely by the medical provider based on medical evidence of unfitness. Therefore, the decision to place a Service member on limited duty or refer them to the DES is not contingent on the member’s request. Second, the Board noted that you were performing well above fleet standards for your paygrade and MOS during your entire enlistment. You earned a 4.3 trait average for proficiency at the end of your enlistment, which led the Board to find that you were performing the duties of your office, grade, rank, or rating despite the existence of any disability symptoms. Third, the Manual of the Medical Department, Chapter 15-20, requires separation examinations and evaluations for active-duty members and provides that comprehensive evaluations are conducted for the purposes of ensuring that Service members have not developed any medical conditions while in receipt of base pay that might constitute a disability that should be processed by the Physical Evaluation Board (PEB) and to ensure Servicemembers are physically qualified for recall to additional periods of active duty. Thus, the standards for being physically qualified to separate are the same as those being qualified to continue active duty Service . . . . Since you underwent a separation physical and were medically cleared for separation, the Board concluded that the preponderance of the evidence supports a finding that you were qualified for active-duty service at that time. Fourth, the Board noted that you were assigned a reentry code of RE-1A at the time of your release from active duty, indicating you were eligible to reenlist. In the Board’s opinion, this was additional evidence that you were considered fit for continued naval service at the time of your discharge. So 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 is, 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. Sincerely,