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 24 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 5 July 2020 and Director CORB letter 1910 CORB: 001 of 29 July 2020 in addition to your response to the opinions. 
 
A review of your record shows that you entered active duty with the Marine Corps in August 2007.  You deployed twice to  and suffered a loss of consciousness during your second deployment after being exposed to an Improvised Explosive Device explosion.  However, you returned to full duty after a period of light duty and served out the remainder of your obligated active service without incident.  On 26 April 2011, you were medically cleared for separation with your disability symptoms noted for the record.  You were subsequently discharged on 30 May 2011 due to reduction in force with a RE-1A reenlistment code.  Post-discharge, the Department of Veterans Affairs (VA) rated you for Post-Traumatic Stress Disorder (PTSD), Migraine Headaches, and residual Traumatic Brain Injury (TBI) along with a number of other service connected disabilities.  You assert that you have struggled with post-discharge civilian employment due to your symptoms. 
 
The Board carefully considered your arguments that you were unfit for continued naval service due to PTSD, migraine headaches, and TBI.  You assert that you should have been placed on the disability retirement list.  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 concluded the preponderance of the evidence does not support a finding that you were unfit for continued naval service at the time of your release from active duty. 
 
In order to qualify for placement on the disability retirement list, a service member must be unfit for continued naval service.  A member is unfit when they are unable to perform the duties of their office, grade, rank or rating as a result of a qualifying disability condition.  In your case, the Board agreed with the advisory opinions that insufficient evidence exists to make such a findings.  The Board relied on the fact you were treated and eventually returned to full duty status after your loss of consciousness before you were medically cleared for separation in April 2011.  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 the evidence supports a finding that you were also fit for continued active duty.  The fact you were assigned an unrestricted reenlistment code upon your release from active duty further convinced the Board that the preponderance of the evidence does not support a finding of unfitness.  Finally, while the Board considered your VA ratings, they did not find them probative on the issue of unfitness since eligibility for compensation and pension disability ratings by the VA is tied to the establishment of service connection and is manifestation-based without a requirement that unfitness for military duty be demonstrated.  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.