DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 

ARLINGTON, VA 22204-2490 
Docket No. 5517-15 
H~Y 2 O 2016 


This is in reference to your application for correction of your naval record pursuant to the provisions of 10 use 1552. 
A three-member panel o-f the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 March 2016 . Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable t o the proceedings of this Board. Documentary material considered by the Board consisted of your application, together with all materi al submi tted 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 September 2005 . You suffered from chronic post­traumatic stress disorder and mild traumatic brain injury as a result of injuries suffered during your deployment to Iraq. Your record al so shows that you suffered from a number of other chronic physical conditions such as knee pain, foot pain, and gastrointestinal i ssues. 

The Board carefully consi dered your arguments that you suffered from long standing physical disabilit ies that warranted referral to a medical evaluation board and a disability retirement. Unfortunately, the Board did not agree with your rationale for relief. SECNAVINST 1850.4E provides the standard to be used in making determinations of physical disabilit y as a basis for 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 enti t l ed to basic pay. Each case is considered by relating the nature and degree of physical disabilit y of t he member to the . requirements and duties that member may reasonabl y be expected to perform in his or her office, grade, rank or rati ng. 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 Schedul e 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 your case, two facts influenced the Board's determination that you were not unfit for continued naval service prior to your discharge. First, the two performance evaluations leading up to your discharge indicated that you were performing your duties satisfactorily. On your last evaluation, you received an adverse evaluation only because you failed t o maintain Marine Corps body composition standards. However, you were descri bed as a technical ly sound Marine despite t he existence of any physical conditions. The year prior, you were described as a natural leader who was recommended for promotion, retention, and future service. Again, your satisfactory performance came in spite of your physical condition. As a result, the Board did not find evidence that showed a demonstrated duty performance impairment that would warrant a finding of unfitness for continued naval service. Second, the Board considered the fact your case was reviewed by senior line and medical personnel prior to your discharge . Despite the extensive review, the consensus was that your physical conditions did not merit referral to a medical evaluation board. The Board felt you were provided the benefit of a higher level of scrutiny not afforded to most servicemembers . Accordingl y, the Board was unable to find an error or injustice warranting a correction 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 to 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 t6 keep in mind that a presumption of regularity attaches to all official records. Consequently, when applying for a correction of an of f i cial naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. 

Sincerely, 

Executive Director 
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