Docket No. 7394-20
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 3 December 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 in June 2004.  You were mobilized in support of       and served on active duty until May 2008 at which time you returned to an inactive status.  You subsequently earned three additional years of creditable service toward a Reserve retirement before being discharged at the end of your obligated service on 29 June 2012.  Post-discharge, you assert the Department of Veterans Affairs (VA) assigned you a combined 100% disability rating. 
 
The Board carefully considered your arguments that you deserve a disability discharge based on your decision not to reenlist due to your disability conditions.  Unfortunately, the Board disagreed with your rationale for relief.  In order to qualify for military disability benefits through the Disability Evaluation System with a finding of unfitness, 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 noted that you were released from active duty on 21 May 2008 with no reenlistment restrictions.  Further, after your release from active duty, you were able to successfully perform your duties to earn additional years of credible Reserve service before being discharged at the end of your obligated service.  When considering these two factors in combination, the Board concluded the preponderance of the evidence does not support a finding that you met any of the criteria for unfitness at the time of your discharge from active duty.  Finally, the Board was not persuaded by your assertion of a 100% VA rating 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.   
 
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,