DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 5081-20 Ref: Signature Date 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 24 June 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 opinion contained in Director CORB letter 5220 CORB: 002 of 11 May 2021; a copy of which was previously provided to you for comment. A review of your record shows that you entered active duty with the Marine Corps in February 2006. On 20 August 2014, a medical board diagnosed you with a left hip condition and referred you to the Physical Evaluation Board (PEB). The PEB found you unfit for Left Hip Femoral Acetabular Impingement with Post Status Left Hip Arthroscopy with Femoral Osteoplasty as a related diagnosis. Your unfitting condition was assigned a 10% rating and you accepted the PEB findings on 17 December 2014. On 28 May 2015, you were discharged with severance pay consistent with your PEB findings. On 3 June 2015, the Department of Veterans Affairs (VA) assigned you disability ratings for a cervical and lumbar strains. The Board carefully considered your arguments that you were also unfit for your cervical and lumbar conditions in addition to your left hip. Unfortunately, the Board disagreed with your rationale for relief. In making their findings, the Board substantially concurred with the advisory opinion in your case. Specifically, the Board agreed with the opinion that the preponderance of the evidence does not support a finding that your neck and back conditions were unfitting at the time of your discharge from the Marine Corps. The Board relied on several factors in determining relief was not warranted in your case. First, the Board noted that none of your medical providers determined that either disability condition created a sufficient occupational impairment to merit a referral to a medical board or PEB. Second, the Board found no medical evidence to support your assertion that your neck or back conditions were related to your left hip condition. Third, the Board also noted that you accepted your PEB findings despite being aware of the proposed VA ratings in your case that included proposed neck and back disability ratings. Finally, the Board was not persuaded by the VA ratings assigned for your neck and back conditions 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. The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of 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, 6/25/2021 Deputy Director