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 22 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 October 2008.  You entered a period of unauthorized absence on 15 July 2009 which ended on 2 February 2010.  As a result of your misconduct, non-judicial punishment was imposed on you on 17 February 2010 and you were administratively separated for commission of a serious offense with an Other than Honorable characterization of service.   
 
The Board carefully considered your arguments that you deserve a disability discharge based on migraine headaches for which you were denied medical treatment while on active duty.  Unfortunately, the Board disagreed with your rationale for relief.   
 
The Board concluded insufficient evidence exists that you were unfit for continued naval service due to a migraine condition prior to your discharge from the Marine Corps.  Unfitness is defined as a service member’s inability to perform the duties of their office, grade, rank or rating as a result of a qualifying disability condition.  In your case, you proficiency marks of 4.1 during your enlistment documented that you were able to perform your military duties in a satisfactory manner despite any disability condition.  Additionally, the Board concluded you were ineligible for a disability discharge based on your misconduct related separation that resulted in an Other than Honorable characterization of service.  Military disability regulations direct misconduct related separations to supersede disability processing in cases that qualify for an Other than Honorable characterization of service.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.   
 
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 issues 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,