Docket No. 6419-20 
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 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 29 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 Reserve in May 1970.  You were release from active duty on 20 October 1970 upon completion of your initial training and commenced your Reserve obligation.  On 17 January 1973, based on a letter from a civilian medical facility that diagnosed you with a right knee condition, you were recommended for administrative separation for failing to meet Reserve physical qualifications for retention.  On 31 January 1973, the Bureau of Medicine and Surgery (BUMED) concluded you were not physically qualified for retention due to internal derangement of your right knee.  Based on your not physically qualified status, you were discharged from the Marine Corps Reserve on 6 March 1973. 
 
The Board carefully considered your arguments that you deserve a disability discharge based on a severe knee injury suffered while in the Marine Corps Reserve.  Unfortunately, the Board disagreed with your rationale for relief.  In order to qualify for military disability benefits, a disability condition must be incurred or aggravated during a period of active duty.  For members of the Reserve, a line of duty determination is required to substantiate that an injury occurred as a result of active duty service.  In your case, the Board found no evidence that your right knee injury was incurred in the line of duty.  Based on the lack of a line of duty determination and the fact your referral to BUMED was based on a civilian medical facility letter vice a military treatment report, the Board concluded the preponderance of the evidence supports your narrative reason for separation.  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,