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

Dear

RJO
Docket No .-5013-15
MAY 2 0 21tS
' .

This is in reference to your application for correction of your naval record pursuant to the provisions of 10 use 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 18 March 2016. Your allegtions 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 October 1998.	In October 2003, you were discharged at your end of obligated active service with a RE-lA re-entry code. On 18 December 2006, you were issued a 30% disability for post-traumatic stress disorder (PTSD). On 25 September 2009, you were involved in a skateboarding accident that led to your hospitalization for your physical and mental conditions.

The Board carefully considered your arguments that you deserve a disability discharge or retirement.	You allege that you had an undiagnosed PTSD and traumatic brai'n injury resulting from a 2003 motor vehicle accident in Iraq . Unfortunately, the Board disagreed with your rationale for relief.	SECNAVINST 1850.4E provides the standard to be used in making determinations of physical disability as a basi's f9r retirement or separation. A service member must be unfit to perform the duties of office, grade, rank or rating because of disease or injury incurred or aggravated while entitled to basic pay. Each case is considered by relating the nature and degree of physical disability of the member to the requirements and duties that member

Docket No. 5013-15

may reasonably be expected to perform in his or her office,_ grade, rank or rating.		So the mere presence of a medical condition or specific correspondence of any  manifestations thereof to an entry indicating a disability rating contained in the VA Schectule for Rating Disabilities is insufficient to warrant either a finding of unfitness for continued naval service or a specific disability rating by the PEB in the absence of demonstrated duty performance impairment of sufficient magnitude as to render a Service member unfit for continued naval service .	In evaluating your case, two factors convinced the Board that insuffiient evidence exists to determine you were unfit for continued naval service prior to your discharge . First, you were issued a RE-lA re-entry code after being medically cleared for separation without any disqualifying medical conditions for re­ enlistment.	Second, post-service treatment records show that you worked. successfully as a personal trainer for a number of years after your discharge.		Both of these facts convinced the Board that your ability to perform military duties prior to your discharge were not impaired by any disability. Accordingly, the Board was unable to find an error or injustice warranting a correqtion to your record and
denied your application. ·Your request for a personal appearance before the Board has also been denied.	The Board felt it had sufficient evidence to make a decision in your case and your presence was not required.	The names and votes of the members of the panel will be furnished upon request.

It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled Lo have the Board reconsider its decision upon submission of new evidence within one year from the date of the Board 's decision. New evidence is evidence 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 on the applicant to demonstrate the existence of probable material error or injustice.

Sincerely,

;

.	... . .'
Executive Director

2