DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 52-20 
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 the entire record, 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 for Correction of Naval Records, sitting in executive session, considered your application on 27 February 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 active duty with the Marine Corps in April 1992.  A medical board diagnosed you with bilateral, painful pes planus with residual symptoms on 2 December 1992.  Based on medical history you provided, the medical board determined your condition existed prior to your entry into the Marine Corps.  You were found unfit for continued naval service on 1 March 1993 and ordered discharged from the Marine Corps without benefits based on the finding your condition existed prior to entry.  You were discharged on 1 June 1993 pursuant to the medical board findings.  On 13 June 2019, the Department of Veterans Affairs (VA) assigned you a disability rating for bilateral pes planus. 

The Board carefully considered your arguments that your medical board findings were erroneous based on the VA’s decision to assign you a disability rating for your pes planus.  Unfortunately, the Board disagreed with your rationale for relief.  The Board relied on the medical board report of 2 December 1992, which documents that you had a history of foot pain prior to enlisting in the Marine Corps and struggled with foot pain issues throughout basic training.  In the Board’s opinion, this was reliable, contemporaneous medical evidence of a preexisting pes planus condition that outweighs the VA’s decision to grant you a service connection approximately 26 years after your discharge.  The Board also determined the evidence does not support that your preexisting pes planus condition was aggravated by your service since, based on the medical evidence, it did not progress beyond its natural progression.  The foot pain symptoms described in the medical board report are symptoms consistent with pes planus.  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,

 
3/5/2020