DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 751-21 Ref: Signature Date 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. 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 25 February 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. A review of your record shows that you entered active duty with the Marine Corps in February 2005. You completed your required active service in February 2009 and transferred the Marine Corps Reserve. Post-active duty, you served in the Ready Reserve until transferring to the Inactive Ready Reserve in April 2012. You were discharged from the Marine Corps Reserve on 21 January 2013 at the completion of your obligated service. As of 2 February 2021, the Department of Veterans Affairs rated you a combined 100% for service connected disability conditions. The Board carefully considered your arguments that you deserve to be placed on the disability retirement list. You assert that you were unable to complete 20 years of creditable service toward retirement due to service connected disabilities. 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 determined the preponderance of the evidence did not support a finding that any of the criteria for unfitness applied to you. The Board noted your performance during your active duty service was well above fleet standards based on your 4.4 proficiency marks during your enlistment. Additionally, you were assigned a RE-1A reenlistment code that documented you were fit for continued active duty when you transferred to the Marine Corps Reserve. Post-active duty, there was no indication that you were unable to perform your duties due to any disability condition. You successfully completed Active Duty for Training Orders in December 2010 and subsequently earned a first class physical fitness test score that is reflected on your 15 April 2012 fitness report. In the Board’s opinion, despite the existence of VA rated disability conditions, this was strong evidence you were fully capable of performing the duties of your office, grade, rank or rating during your active and reserve service in the Marine Corps. Finally, the Board was not persuaded of your unfitness by your 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. As previously pointed out, the Board found sufficient evidence that you were fit for active duty despite your VA rating. Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record. 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, 3/7/2021 Deputy Director