DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 
 
Docket No. 7196-15 MAY 2 0 2016 

Dear 

This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552. 
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 for Correction of Naval Records, sitting in executive session, considered your application on 22 April 2016. 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, 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 August 1987. You served successfully for approximately 13 years until you were discharged due to high year tenure in May 2000. Prior to your discharge, your enlistment was extended a number of times in order to seek a high year tenure waiver; a request that was ultimately denied. Subsequent to your discharge, the Department of Veterans Affairs (VA) rated you for a number of service connected disabilities. 

The Board carefully considered your arguments that you deserve a disability retirement due to injuries you suffered while on active 
duty. Specifically, you contend that you injured your back and were seen from 1994 through 2000 by medical personnel for treatment. 
Unfortunately, the Board disagreed with your rationale for relief. First, the Board determined that your enlistment extension was not 
related to any physical conditions you were suffering at the time. You were medically cleared to separate on 22 March 2000. Second, the 
Board was not convinced your back condition, for which you received treatment while in the military, made you unfit for continued naval 
service prior to your discharge. Your performance record shows you were performing well in the Marine Corps despite your back condition that existed since 1994. On your last observed fitness report, you were considered highly· qualified and recommended for promotion and retenti on. In addition, you earned a Navy and Marine Corps Achievement Medal in February 2000 for your superior performance. This convinced the Board t hat you did not suffer from an occupat ional impairment sufficient to warrant a finding of unfitness for continued naval service . Finally, the Board considered your VA issued disability ratings. VA disabilit y ratings are tied to the establishment of service.connection and ar e manifestation-based without a r equirement that unfitness for military duty be demonstrated. The VA determines disabil ity ratings based upon an evaluation of whether and how an individual's capacity to perform in the c ivilian worl d is diminished by a disability. As discussed above, the Boa rd was unable to find evidence i n your record to support a finding of unfitness for duty because you were performing exceptionally well while in the Marine Corps. So the Board determined that your VA disability ratings, when considered as the sole basis for unfitness, would not support a finding that you were unfit for continued naval sen!ice. Accordingly, the Board was unable to find an error or i njustice warranting a correction to your record and denied your applic.ation. The names and votes of the members of the panei will be furnished upon request . 
It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are ent i tled to have the 
Board reconsider its decision upon submission of new evidence wit hin one year from the date of the Board's decision. New evidence is e~idence not previously considered by the Board prior to making its decision in this case. 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 Ori the applicant to demonstrate the existence Of probable material error or injustice. 
Sincerely, 

Executive Director 
2