Docket No. 2400-20
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 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. 
 
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  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 Psychiatric Advisor CORB letter 1910 CORB: 002 of 30 June 2020 and Director CORB letter 1910 CORB: 001 of 20 July 2020; copies of which were previously provided to you for comment. 
 
A review of your record shows that you entered active duty with the Marine Corps in December 2009 and deployed to      in May 2011.  During your deployment, you were exposed to an Improvised Explosive Device (IED) explosion that earned you a Purple Heart in 2016.  Upon your return from deployment, you completed a post-deployment health assessment and reassessment that indicated no symptoms related to your deployment.  However, you were later diagnosed with headaches, glaucoma, and a history of Traumatic Brain Injury (TBI) in 2013.  After being evaluated and treated for your conditions, you were medically cleared to separate on 13 November 2013 despite your documented conditions.  You were discharged at the end of your obligated active service on 13 December 2013 and assigned a RE-1A reentry code.  Post-discharge, the Department of Veterans Affairs (VA) assigned you a 50% disability rating for Post-Traumatic Stress Disorder (PTSD) and 40% for TBI effective the day after your discharge.   
 
The Board carefully considered your arguments that you deserve to be placed on the disability retirement list for your PTSD and TBI conditions.  You assert that you were unfit for continued naval service at the time of your discharge as evidenced by your medical history and VA ratings.  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 found insufficient evidence that your PTSD and TBI conditions were unfitting at the time of your discharge based on your medical record.  While the Board noted that you received treatment for TBI related symptoms, the also considered that you were never placed on limited duty for your symptoms and were medically cleared for separation.  The Manual of the Medical Department Chapter 15-20 requires separation examinations and evaluations for active duty members and states “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 were medically cleared for separation, the Board found this persuasive evidence of your fitness for active duty.  Additionally, the Board considered that you were medically cleared to reenlist and were not forced out of the Marine Corps due to your conditions.  In the Board’s opinion, you could have continued your Marine Corps career had you chosen to do so.  Therefore, while the Board empathizes with your current medical condition, they felt compensation and treatment for your disability conditions fall outside the scope of the Department of Defense disability system and 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, 

9/15/2020

Deputy Director