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 service with the Marine Corps Reserve on 30 December 2015.  After commencing active duty on 7 March 2016 for your initial training pipeline, you were transferred to inactive duty upon completion.  You subsequently participated in drills until you were determined to be Not Physically Qualified (NPQ) for retention by the Bureau of Medicine and Surgery on 7 February 2018 due to right lower extremity radiculopathy.  After you were directed to be processed for administrative separation due to your NPQ status, you were discharged on 7 March 2018.  Post-discharge, the Department of Veterans Affairs (VA) rated you for lower lumbar strain and right leg sciatica.   
 
The Board carefully considered your arguments that your narrative reason for separation should be changed to disability.  You assert that your conditions were incurred while in service but that your disability paperwork was never processed properly.  Unfortunately, the Board disagreed with your rationale for relief.  
 
In reviewing your record, the Board determined the preponderance of the evidence does not support a finding that you back and sciatica conditions were compensable disability conditions under the Disability Evaluation System.  In order for a Reservist to qualify for military disability benefits, a line of duty authorization must exists that verifies a disability condition was incurred or aggravated during a qualifying period of active duty.  In your case, the Board found no evidence of a line of duty authorization.  Additionally, the Board considered the medical history you provided to your civilian provider but concluded there was no medical evidence to corroborate your assertions that your disability conditions originated during basic training.  Further, the fact you completed basic training and continued to perform drills for approximately one year after basic training led the Board to conclude, more likely than not, your back and sciatica conditions were not incurred while on active duty.  Finally, the fact the VA granted you a service connection for your back and sciatica condition did not persuade the Board your conditions were incurred during a period of active duty since the VA grants service connections for disability conditions based on regulations not applicable to the Department of Defense.  The Board found no evidence that substantiates whether the VA considered whether your conditions were incurred during a period of active duty that would have met the requirements for a line of duty authorization.  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,