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. 
 
A three-member panel of the Board, sitting in executive session, considered your application on  15 October 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 November 2016.  After suffering a seizure, you were diagnosed with Idiopathic Seizures in August 2017 that resulted in your referral to the Physical Evaluation Board (PEB).  The PEB found you unfiot in April 2018 and assigned you a 20% disability rating for your Generalized Idiopathic Seizure.  You were discharged on 1 May 2018 after accepting the PEB findings.    
 
The Board carefully considered your arguments that your PEB findings should be changed to find you fit for active duty based on no recurrent seizures since 2017.  Unfortunately, the Board disagreed with your rationale for relief.  The Board determined that you were properly diagnosed with Generalized Idiopathic Seizures based on medical evidence that you suffered a seizure and an Electroencephalogram that indicated seizure activity.  Therefore, in the Board’s opinion, you met the criteria for unfitness since your seizure condition represents a medical risk to your health and the welfare or safety of other service members.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.   
 
The Board noted that you were issued a RE-3P reenlistment code upon your discharge from the Marine Corps.  Since this is a waivable reenlistment code, they recommended you seek a medical reenlistment waiver for your seizure condition based on the fact you have not suffered any seizures in the past two years.   
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of 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,