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 12 November 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 August 2006.  After two deployments to in 2008 and 2010, you were referred to the Physical Evaluation Board (PEB) for Post-Traumatic Stress Disorder, knee pain, and hip pain in February 2017.  On 5 April 2017, the PEB found you fit for active duty.  You subsequently requested a formal hearing but were denied on 10 May 2017.  On 17 October 2017, you were discharged at the end of your obligated active service after you refused to extend or reenlist.  Post-discharge, you assert the Department of Veterans Affairs (VA) rated you at 100% for service connected disability conditions. 
 
The Board carefully considered your arguments that you should have been found unfit by the PEB and received a military disability rating.  You rely on your post-discharge VA rating as substantiation of your unfitness at the time of your discharge.  Unfortunately, the Board disagreed with your rationale for relief.   
 
In order to qualify for military disability benefits through the Disability Evaluation System, a service member must be unable to perform the duties of their office, grade, rank or rating as a result of a qualifying disability condition.  Alternatively, a member may be found unfit if their disability represents a decided medical risk to the health or the member or to the welfare or safety of other members; or the member’s disability imposes unreasonable requirements on the military to maintain or protect the member.  In your case, the Board found no error with the PEB’s rationale for finding you fit for active duty.  As explained in your medical records, there was a documented history of you exaggerating your symptoms and your Post-Deployment Health Assessment did not show any exposure to trauma.  So the Board concluded your non-medical assessment was not supported by the medical evidence in your case.  Further, the Board noted that you declined to continue your career in the Marine Corps after being found fit for active duty.  So you were not involuntarily discharged from the Marine Corps.  These factors led the Board to concluded that the preponderance of the evidence supports the PEB findings in your case and no injustice exists.  Further, while the Board considered your assertion of a combined 100% VA rating, the Board determined that evidence was not probative on the issue of unfitness 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.   
 
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,