DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 
Docket No. 5782-15 
HAY 2 0 2016 


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 consi der your case on .its merits. A three-member panel of the Board f or Correction of Naval Records, sitting in executive session, considered your application on 18 March 2016. Your al legations of error and injustice were reviewed in accordance with administrative regulations and procedures appl icable 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 September 1965 and deployed to Vietnam from June 
through August 1966 . On 2 March 1977, you were diagnosed with Diabetes Mellitus that resulted in your referral to a medical evaluation board. Eventually you were determined to be unfit for continued naval service by the Physical Evaluation Board (PEB) due to your diabetes condition and discharge.ct with a 20% disability rating. Subsequent to your discharge, you were rated for Diabetes Mellitus by the Department of Veterans Affairs (VA). Lat er in May 2013, you were rated by the VA for additional service connected disab~lities as a result of your exposure to Agent Orange. 

The Board carefully considered your arguments that the PEB failed to note on their report that your Diabetes Mellitus was a result of your service i n Vietnam. You further contend that you are only able to collect compensation from the VA from the date of your claim in 2012. Unfortunately, the Board was not convinced by your rationale for relief. The Board was not convinced .that your Diabetes Mellitus condition was caused by your Agent Orange exposure. The fact that the VA later diagnosed additional service connected disability conditions as related to Agent Orange does not equate to a similar link to your Di abetes condition. I n t he Board's opinion, t he PEB properly listed your condition as incurred during your servi ce since there was no evidence it was incurred as a result of combat. Accordingly, the Board was unable to find an error or injustice war ranting a correction to your record and denied your application. The names and votes of t he members of t he panel will be furnished up~n request . 

It is regr etted that the circumstances of your case are such that favorable act ion cannot be taken. You are entitled to have the Board reconsider its decision upon submission of new evidence withi n one year from the date of the Board's decision. New evidence is evidence not previously considered by the Board prior t o making its decisi on in this case. In this regard, it is important to keep in mind that a presumption of regularit y attaches t o 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