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.   
 
A review of your record shows that you entered the Marine Corps Reserve in January 1968 and completed your initial period of active duty on 5 June 1968.  You were subsequently assigned to your Reserve unit and served three qualifying years of Reserve service through January 1971.  On 15 April 1971, the Bureau of Medicine and Surgery determined you were not physically qualified for retention in the Reserve due to Duodenal Ulcer and Inguinal Left Hernia.  You were informed on your rights on 6 May 1971 and discharge on 13 May 1971 based on your disqualifying disability conditions. 
 
The Board carefully considered your arguments that you deserve to have your narrative reason for separation changed to disability.  You assert that you were erroneously discharged at the convenience of the government for disability conditions incurred in the line of duty.  You also point out that you were not provided the full 30 days to respond to your notification letter.  Unfortunately, the Board disagreed with your rationale for relief.   
 
In order to qualify for a military disability discharge, a service member must be determined to be unfit for continued naval service due to a qualifying disability condition.  A qualifying disability condition is one that is compensable by the Department of Veterans Affairs and incurred in the line of duty not due to misconduct.  In your case, the Board found no evidence your Duodenal Ulcer and Inguinal Left Hernia were incurred in the line of duty.  Despite you assertions that your conditions were incurred during a field exercise, the Board found no evidence in your record to support such a finding.  In addition, the Board noted you provided no substantiating evidence to support your assertion.  Since you were a non-active duty Reservist, the Board felt it required some evidence that tied your disability conditions to a period of active duty.  Therefore, absent evidence that your Duodenal Ulcer and Inguinal Left Hernia were incurred in the line of duty, the Board determined no error was made by the Marine Corps in discharging you from the Marine Corps Reserve for conditions that prevented you from meeting physical retention standards.  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,