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. 
 
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 active duty with the Marine Corps in Jun 2016.  On 14 July 2020, a medical board referred you to the Physical Evaluation Board (PEB) for Celiac Disease.  After being found unfit for continued naval service by the PEB, the Department of Veterans Affairs (VA) proposed a 10% rating for your Celiac Disease.  In addition to your unfitting condition, you were assigned proposed ratings for other service connected disability conditions that totaled a combined 80%.  The 10% rating for Celiac Disease was adopted by the PEB on 3 August 2020 and you accepted the findings of the PEB on 5 August 2020.  On 15 September 2020, you were discharged with severance pay pursuant to your PEB findings.  You assert that the VA increased your combined disability rating from 80% to 90% after your discharge. 
 
The Board carefully considered your arguments that that your PEB disability rating should be changed to reflect the 90% combined rating assigned by the VA.  You assert that an increase to your combined VA rating should result in a change to your PEB assigned rating.  Unfortunately, the Board disagreed with your rationale for relief.  In reviewing your record, the Board found no evidence of error or injustice in the PEB assigned rating of 10% for your Celiac Disease.  Despite your assertion that your combined VA rating was increased from 80% to 90%, the Board determined your combined rating for other service connected disability conditions was inapplicable to your PEB findings.  The Board found no evidence in your application or record that your proposed 10% VA rating for your Celiac Disease was erroneously issued by the VA.  The PEB assigns disability ratings for compensable disability conditions that are determined to be unfitting for continued naval service.  Based on your 14 July 2020 medical board, the only compensable disability condition determined to meet the criteria for unfitness was Celiac Disease.   Therefore, the Board concluded that the PEB properly applied the 10% proposed VA rating for Celiac Disease to your PEB findings.  Since your disability rating for your unfitting condition was less than 30%, you were appropriately discharged with severance pay.  Accordingly, the Board determined no error or injustice exists 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,