Docket No. 332-20 
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. 

A three-member panel of the Board, sitting in executive session, considered your application on 4 June 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 opinion contained in Headquarters, United States Marine Corps letter 1900 MMSR-4 of 2 April 2020; a copy of which was previously provided to you for comment.  

A review of your record shows that you commenced a period of active duty with the Marine Corps Reserve in June 2005 after a previous period of five months and 23 days of prior active duty.  After undergoing two surgical procedures on your hips in July 2015 and April 2016, a medical board diagnosed you with bilateral hip arthritis with femoroacetabular impingement and refers you to the Physical Evaluation Board (PEB). The PEB found you unfit for continued naval service on 8 September 2016 for your bilateral hip condition and assigned you a disability rating of 0% consistent with the proposed Department of Veterans Affairs rating for your condition.  You were discharged on 27 February 2017 with 12 years, two months, and 20 days of active duty service.  

The Board carefully considered your arguments that you deserve to be retired under the Temporary Early Retirement Authority (TERA).  You assert that you were ineligible prior to your discharge and would have qualified under the new TERA guidelines.  Unfortunately, the Board disagreed with your rationale for relief.  In making their findings, the Board substantially concurred with the advisory opinion contained in Headquarters, United States Marine Corps letter 1900 MMSR-4 of 2 April 2020.  Specifically, the Board concluded you lacked sufficient active duty service to qualify for a TERA retirement since you do not have 15 years of creditable active duty service. 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.