DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 1649-20 Ref: Signature Date 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. A three-member panel of the Board, sitting in executive session, considered your application on 26 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 you entered active-duty service in the Marine Corps in October 2017. You suffered a cardiac incident on 8 March 2019 that resulted in your referral to the Physical Evaluation Board (PEB). On 25 July 2019, the PEB found you unfit for Prolonged QT Syndrome (Brugada Syndrome) as a preexisting condition. In the meantime, the Department of Veterans Affairs (VA) proposed a 100% rating for your condition on 12 August 2019. However, due to the fact your condition preexisted your entry into the Marine Corps, you were not assigned a disability rating and discharged with severance pay on 15 November 2019. The Board carefully considered your arguments that you deserve a change to your PEB record to reflect your unfitting condition was not preexisting. You assert that you never had a prior cardiac incident prior to entering the Marine Corps and were rated by the VA for your condition. Unfortunately, the Board disagreed with your rationale for relief. Your unfitting condition, Brugada Syndrome, is considered a genetic disorder that causes an irregular heartbeat that can result in cardiac incidents. Since your condition is considered hereditary, and therefore a preexisting condition, it does not qualify for a disability rating from the PEB without a finding that your condition was aggravated by your active-duty service. The Board determined that the preponderance of the evidence did not support a finding that your condition was aggravated by your active-duty service—i.e., that your condition progressed beyond its normal progression. Based on the medical evidence that shows you continued to suffer from Brugada Syndrome after your cardiac incident, with no evidence of an increase in severity, the Board concluded that the evidence supports the PEB’s finding that your condition was not aggravated by your service. The fact that the VA decided to grant you a service connection for your condition did not persuade the Board due to the lack of medical evidence regarding a service aggravation. 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. Moreover, since you were able to establish a VA service connection for your condition, the Board felt this mitigated any injustice that may exist in your case. Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record. 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. 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, 4/2/2020