Dear ,  
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  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 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 18 March 2021.  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 Director CORB letter 1910 CORB: 001 of 21 January 2021 and Psychiatric Advisor CORB letter 1910 CORB: 002 of 12 January 2021; 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 July 1992.  Commencing in the Fall of 2006 through September 2007, you suffered a number of personal and profession problems that were exacerbated by your abuse of alcohol.  During this time, you were removed for cause from your recruiting duties, suffered family tragedies, experienced financial issues, and were facing civilian charges for assault.  You also committed unauthorized absences and a false official statement leading to the imposition of non-judicial punishment and the loss of rank.  However, you entered military substance abuse rehabilitation in October 2007 that allowed you to successfully deploy to  in March 2008.  Records show that you performed well during your deployment and were medically cleared for separation on 9 February 2009.  You were discharged from the Marine Corps on 26 March 2009 with an Honorable characterization of service based on Marine Corps decision not to retain you on active duty based on your high year tenure.  On 4 April 2007, you underwent a Department of Veterans Affairs (VA) examination that diagnosed you with alcohol dependence and depression disorder.  You were finally diagnosed with Post-Traumatic Stress Disorder (PTSD) on 4 September 2009 resulting in a disability rating of 50%.  This rating was later increased to 70% in 2016.  Your VA records shows that you have been determined to be individually unemployable since 2016.   
 
The Board carefully considered your arguments that you should be placed on the disability retirement list.  You feel that you were unfit for continued naval service for combat related PTSD and developed alcohol dependency issues that should have been referred to the Disability Evaluation System (DES).  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, they concluded that the preponderance of the evidence does not support a finding that you were unfit for continued naval service at the time of your discharge from the Marine Corps. 
 
In order to qualify for military disability benefits through the Disability Evaluation System with a finding of unfitness, a service member must be unable to perform the duties of their office, grade, rank or rating as a result of a qualifying disability condition.  Alternatively, a member may be found unfit if their disability represents a decided medical risk to the health or the member or to the welfare or safety of other members; or the member’s disability imposes unreasonable requirements on the military to maintain or protect the member.  In your case, the Board found medical evidence that you did not meet any of the criteria for a finding of unfitness.    
 
The Board primarily relied on the 9 February 2009 medical separation examination that concluded you were fit for full duty and cleared for separation.  However, in the Board’s opinion, this medical determination issued slightly less than two months prior to your discharge from the Marine Corps, was consistent with your superior performance during your recent combat deployment.  Further, the Board was not persuaded by your arguments that your alcohol abuse was evidence of unfitness from PTSD that should have been referred to the DES.  In reviewing the chronology of your medical treatment, the evidence supports a determination that your alcohol issues were resolved at the conclusion of your alcohol rehabilitation treatment in October 2007.  This finding was based on the fact you were able to successfully deploy to  in March 2008 and complete the deployment after serving approximately six months in a combat zone.  As a result of these factors, the Board concluded it was more likely than not that you were fit for active duty on the date you were discharged from the Marine Corps.  The fact you later denied PTSD symptoms to the VA on 4 April 2009 was additional evidence considered by the Board in concluding the preponderance of the evidence does not support a finding that you were unfit for continued naval service due to PTSD or merited placement on the disability retirement list prior to your discharge from the Marine Corps.  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.   
 
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,