DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
 
MR  

Dear Mr.   
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  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 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 10 August 2021.  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. 
 
In accordance with 10 U.S.C §1176 (Enlisted members: retention after completion of 18 or more, but less than 20, years of service) A regular enlisted member who is selected to be involuntarily separated, or whose term of enlistment expires and who is denied reenlistment, and who on the date on which the member is to be discharged is within two years of qualifying for retirement under section 3914 or 8914 of this title, or of qualifying for transfer to the Fleet Reserve or Fleet Marine Corps Reserve under section 6330 of this title, shall be retained on active duty until the member is qualified for retirement or transfer to the Fleet Reserve or Fleet Marine Corps Reserve, as the case may be, unless the member is sooner retired or discharged under any other provision of law. 
 
On 30 December 1985, Commandant of the Marine Corps notified Commanding General, Marine Corps Recruit Depot that the Secretary of the Navy has directed that no action be taken in your case, that approval of findings be withheld…, and that you be retained on active duty in a limited duty status until you completed 20 years of active service.  
 
On 9 October 1987, Commandant of the Marine Corps notified Commanding General, Marine Corps Development and Education Command that a member retained on limited duty by the Secretary of the navy action is expected to perform useful service with appropriate assignment limitations, and without requiring an inordinate amount of medical care.  Furthermore, if your physical condition has deteriorated to the point that you are unable to perform your duties in a limited duty assignment, refer you to a Naval hospital for observation, treatment and appropriate disposition per SECNAVINST 1850.4A, paragraph 0215.j.  
 
On 16 September 1988, Commanding General, Marine Corps Combat Development Command notified you that the Secretary of the Navy determined that you were physically unfit to perform the duties of your grade and directed that you be discharged by reason of physical disability.  You were to be discharged no later than 3 October 1988. 
 
On 3 October 1988, you were honorably discharged due to physical disability with severance pay.  You completed 18 years, 8 months and 23 days. 
 
You requested to be retired; the Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  The Board could find no evidence that you were discriminated against.  You were found unfit to perform the duties of your grade, and because it was determined that you could provide no further useful service without an inordinate amount of medical care, you were discharged by reason of disability.  Therefore, although you had over 18 years of active service at the time of your discharge, Title 10, United States Code, Section 1176 does not apply to you.  
 
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, 

9/28/2021
Deputy Director