Dear ,  
 
This letter is in reference to your reconsideration request.  You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been denied.  Your case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004).  After careful and conscientious consideration of relevant portions of your naval record and your application, the 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  27 August 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.  Additionally, the Board considered the advisory opinion contained in Director CORB letter 1910 CORB: 001 of 8 July 2020 along with your response to the opinion. 
 
The Board carefully considered your arguments for placement on the disability retirement list for your heart condition.  Unfortunately, the Board disagreed with your rationale for relief.  In making their findings, the Board substantially concurred with the advisory opinion in your case. 
 
In order to find a service member unfit for continued naval service, the medical evidence must support a finding that the member is unable to perform the duties of their office, grade, rank or rating due to a qualifying disability condition.  So despite a post-discharge medical opinion that you entered the Marine Corps with mild bradycardia that likely became symptomatic during your period of active duty, the Board found insufficient evidence that your condition prevented you from performing the duties of your office, grade, rank or rating.  The Board findings considered the fact you were obese at the time of your discharge and not within height/weight standards for the Marine Corps.  In light of your obesity, they did not find you shortness of breath remarkable or evidence that it was caused by your bradycardia.  Additionally, the Board noted you were medically cleared for separation at the time of your discharge with no duty limitations.  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 qualified for separation, the Board concluded you were fit for continued active duty.  But for your failure to meet height/weight standards, the Board determined you would have been eligible for reenlistment.  Finally, the Board noted that you did not receive treatment for your heart condition for over ten years after your discharge from the Marine Corps.  The Board felt this was additional evidence that your condition was not occupationally impairing at the time of your discharge.  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 reconsideration petition are such that favorable action cannot be taken.  You are entitled to have the Board reconsider its decision upon the 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 the absence of new matters for reconsideration, the decision of the Board is final, and your only recourse would be to seek relief, at no cost to the Board, from a court of appropriate jurisdiction. 
 
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,