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. 
 
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.  In addition, the Board considered the advisory opinions contained in Senior Medical Advisor CORB letter 1910 CORB: 002 of 29 June 2020 and Director CORB letter 1910 CORB: 001 of 24 July 2020; copies of which were previously provided to you for comment. 
 
A review of your record shows that you entered the Marine Corps in June 2010.  A medical board referred you to the Physical Evaluation Board (PEB) in June 2014 for Post-Traumatic Stress Disorder (PTSD), Headaches, Cognitive Disorder, Gastroesophageal Disease, and Right knee pain.  In September 2014, the PEB found you unfit for continued naval service due to PTSD with cognitive disorder as a related diagnosis and headaches.  Based on proposed Department of Veterans Affairs (VA) disability ratings, you were assigned a combined 80% rating for your unfitting conditions and transferred to the Temporary Disability Retirement List (TDRL) in January 2015.  After initially being retained on the TDRL, the PEB directed your transfer to the Permanent Disability Retirement List (PDRL) after concluding you remained unfit for PTSD and headaches.  Your cognitive disorder was again determined to be a related diagnosis to your PTSD.  Subsequent to your transfer to the PDRL, the VA changed your disability rating for Traumatic Brain Injury (TBI) from 0% to 100% effective the date of your transfer to the TDRL. 
 
The Board carefully considered your arguments that you deserve a change to your PEB record to reflect the 100% rating assigned by the VA for your TBI condition.  Unfortunately, the Board disagreed with your rationale for relief.  In making their findings, the Board substantially concurred with the advisory opinions in your case.  Specifically, the Board determined that there was insufficient evidence to support a finding that your TBI symptoms were separately unfitting when considering the TDRL examinations in your case.  Therefore, your TBI condition was properly not assigned a disability rating by the PEB.  Absent evidence that addresses that issue, the Board concluded the change to your VA assigned rating for TBI results in no change to your combined PEB rating.  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.